PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                19 November 1998
	DOCKET NUMBER:        AC98-10739

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Elllis		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 correction of his records to show award of the Purple Heart, Medal of Honor and the “Bravery Star”.

3.  The applicant states he was offered the Purple Heart and was advised he had been awarded the Medal of Honor and the “Bravery Star” due to his service in Korea.  He states he did not receive the medals and they are not noted on his discharge documents.  He also claims he was he first person to put a tank on Heartbreak Ridge in Korea in March or April 1952 and a major ordered another officer to put the applicant in for these awards.

4.  The applicant’s military records show that he was inducted on 7 February 1951 and completed training as a tank crewman.  He served in Korea from 1 September 1951 to 7 June 1952 and was honorably discharged on 6 November 1952.

5.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), which is authenticated in his own hand, does not show the  Purple Heart, the Medal of Honor or the “Bravery Star” as authorized awards. Army Regulation 600-8-200 (Military Awards) governs the military awards program.  This regulation does not show the “Bravery Star” as an approved United States or foreign decoration; therefore, it is not discussed further in this proceeding.  The Board notes the applicant is entitled to the first award of the Good Conduct Medal which is not shown on his discharge.

6.  There is no evidence in the applicant’s personnel records he was awarded the Purple Heart.  There also is no evidence the applicant was wounded or treated for wounds as result of hostile action.

7.  There is no evidence in the applicant’s records he was awarded or recommended for the Medal of Honor.  Informal coordination with the Awards Branch of the Total Personnel Command revealed the applicant was not a Medal of Honor recipient and is not being considered for this award.

8.  There is no evidence that the applicant was awarded the first award of the Good Conduct Medal.  There also is no evidence that the applicant was disqualified from receiving this award.  There is no evidence of indiscipline in his records.

9.  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.
10.  Regulation 600-8-22 provides, in pertinent part, that the Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved risk of life. Incontestable proof of the performance of the service is required

11. Army 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, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action; therefore, he is not entitled to award of the Purple Heart.

2.  There is no evidence available to the Board which shows that the applicant was awarded the Medal of Honor or was recommended for the Medal of Honor during the Korean War.  Therefore, the applicant is not entitled to award of the Medal of Honor.

3.  The applicant is entitled to the first award of the Good Conduct Medal from 7 February 1951 to 6 November 1952 based on completion of a qualifying period of service ending with the termination of a period of Federal military service.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Good Conduct Medal for the period 7 February 1951 to 6 November 1952.

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

BOARD VOTE:  

FNE____  TAP_____  BJE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON