PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           16 December 1998
	DOCKET NUMBER:   AC98-07067

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Carol Jo Suiter		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 award of the Purple Heart and the Bronze Star Medal (BSM).

3.  The applicant states that, in effect, he received shrapnel in his right eye during the battle for Hill 519.  He contends a medic removed the shrapnel and he refused bandages because it would reduce his visibility and make him a better target.  He also contends his lieutenant was recommended for the Medal of Honor and the five survivors (one of which was him) were recommended for the Silver Star.  The lieutenant was awarded the Distinguished Service Cross and the four other survivors received the Bronze Star Medal.  In support of his application, he submits a letter from one of the survivors attesting to his claim. 

4.  The Veterans of Foreign Wars, as counsel for the applicant, request the Board grant relief as warranted by the evidence of record.  The applicant was contacted by the Veterans of Foreign Wars and he did not provide any substantiating evidence.  

5.  The applicant's military records were destroyed or lost during the National Personnel Records Center Fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant enlisted on 7 March 1950.  He served in Korea and was separated with an honorable discharge on
6 March 1953.

6.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), which was authenticated in his own hand, does not show the Purple Heart or the BSM as authorized awards.

7.  There is no evidence in the applicant’s records showing he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214 shows “None”.  U.S. Army Surgeon General Office Hospitalization File Listing 1950-53 (Korea) shows the applicant was hospitalized as a non-battle casualty on 2 April 1952 for an infection (Ducrey’s bacillus).

8.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the BSM. 

9.  There is no evidence of record the applicant was recommended for or received the first award of the Good Conduct Medal.  There also is no indication in the available records that he was disqualified from receiving this award.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the applicant was assigned to a unit which was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order Number 41-55.

11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

13.  Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. 

CONCLUSIONS:

1.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded as a result of hostile action.  Therefore, he is not entitled to award of the Purple Heart.

2.  The Board notes the letter of support from a fellow soldier; however, there is no evidence of record which shows the applicant was recommended for or received the BSM.  The letter of support is not sufficient by itself as a basis for award of the BSM.  Therefore, he is not entitled to this award. 

3.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a three year period of qualifying Federal military service (active duty from 7 March 1950 through 6 March 1953).  Therefore, he is entitled to correction of his military records to show this award.

4.  The applicant was awarded the Republic of Korea Presidential Unit Citation; therefore, he is entitled to correction of his military records to show this award. 

5.  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 that the individual concerned was awarded the first award of the Good Conduct 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:

EMW____  LEM____  CJS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

				______________________
 CHAIRPERSON

INDEX

CASE ID	AC98-07067/AR1998011708	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981216	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530306	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY	107.00	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.