PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           24 February 1999
	DOCKET NUMBER:   AR1998012216

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show entitlement to award of the Purple Heart.  Further, he requests credit for 6 campaigns while serving in Korea, the Presidential Unit Citation, the Republic of Korea Presidential Unit Citation, the Meritorious Unit Commendation, an unspecified commendation from a Marine Corps lieutenant colonel and an unspecified commendation from a general officer.  He also indicates that credit for 
2 overseas bars is not correct.

3.  The applicant states that he served in Korea from September 1950 to October 1951 and that he needs the awards to support his claim with the Department of Veterans Affairs for Post Traumatic Stress Syndrome.  He provides 3 letters of support, which indicate “I was told Hambly was a jeep driver coming into the Btry. position.  When the fire fight started, he dived out of the vehicle hitting his arm on large rocks.”; he “served as battery clerk and driver for the Commanding Officer of “B” Battery, 92nd Armored Field Artillery in Korea.  During this time, Allen and the Commanding Officer were involved in a jeep accident.”; and, “Allen got hurt as he stated”.

4.  The applicant’s military records were possibly partially lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from remaining and reconstructed personnel records.

5.  The applicant enlisted on 5 January 1949, for 2 years, with parental consent. His enlistment was extended for a period of 1 year by Public Law 51.  He completed his required training and was awarded military occupational specialty 5704 (Artillery).  He served in Korea from approximately 1 September 1950 to 
22 September 1951.  He was advanced to the rank of corporal, effective 
1 September 1950.  He was honorably separated on 22 December 1951.

6.  The applicant’s DD Form 214, with a separation date of 22 December 1951, does not show award of the Purple Heart, credit for 6 campaigns, the Presidential Unit Citation, the Republic of Korea Presidential Unit Citation, the Meritorious Unit Citation or either of the commendations.

7.  On 2 July 1952, The Adjutant General advised the applicant of his entitlement to award of the Meritorious Unit Commendation, the Korean Service Ribbon with 
4 bronze service stars, the United Nations Service Medal and the Republic of Korea Presidential Unit Citation.

8.  On 17 April 1989, the Commander, Army Reserve Personnel Center advised the applicant of his entitlement to award of the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal with 4 bronze service stars, the United Nations Service Medal and the Republic of Korea Presidential Unit Citation.

9.  The Board notes the applicant is entitled to award of 2 additional bronze service stars for service in Korea for the UN Defensive from 27 June to 
15 September 1950 and the UN Summer-Fall Offensive from 9 July to 
27 November 1951.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  Additionally, this regulation notes that a silver service star will be worn instead of 5 bronze service stars.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the PUC (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the 92nd Armored Field Artillery Battalion was not awarded the PUC.

13.  Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U. S. Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  That period is one bar for every 6 months in a hostile fire zone.

CONCLUSIONS:

1.  There is no evidence of record to show that the applicant was recommended for or awarded the Purple Heart.  The letters of support show the applicant was involved in an accident and not wounded in action.  Further, he indicates he did not seek nor was he treated by medical personnel.

2.  Evidence shows the applicant is entitled to credit for 2 additional bronze service stars for his service in Korea and his record should be corrected accordingly.

3.  There is no evidence that the applicant’s unit was awarded the Presidential Unit Citation.

4.  Evidence shows his entitlement to the Republic of Korea Presidential Unit Citation and the Meritorious Unit Commendation.

5.  There is no evidence in the available record of the unspecified commendations from the Marine Corps lieutenant colonel or the general officer.

6.  The applicant served slightly over 1 year in a hostile fire zone; therefore, he is entitled to award of 2 Overseas Service Bars as shown on his Report of Separation.

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing his entitlement to credit for participation in the UN Defensive Campaign 6 campaigns while serving in Korea between 1 September 1950 and 22 September 1951, the Good conduct Medal for the period 5 January 1949 to 22 December 1951, the National Defense Service medal, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

CMF____  MDM____  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		CHAIRPERSON

INDEX

CASE ID	AR1998012216	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990224	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19511222	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.107	PH, OSR’s, PUC, MUC, ROKPUC, LOC’s	
2.		
3.		
4.		
5.		
6.