PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:              18 November 1998
	DOCKET NUMBER:      AC98-10740

	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. James E. Vick		Chairperson	
	Ms. June Hajjar		Member	
	Mr. Thomas D. Howard, Jr.		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, the Combat Infantryman Badge, the Good Conduct Medal, the Korean Service Medal with three bronze service stars and the “Honorable Discharge Button”.

3.  The applicant states the awards he is requesting were inadvertently left off of his discharge and never corrected.  In support of his application he provides a letter of explanation and medical records. 

4.  The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 4 January 1951.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he served overseas for 8 months and 19 days during the Korean War and he was honorably discharged on 3 October 1952.

5.  The applicant provided a WD AGO Form 8-33 (Clinical Record Brief) shows that he was wounded by enemy artillery shell fragments in Korea on 3 October 1951 and was treated for those wounds.  The WD AGO Form 8-33 shows the applicant was awarded the Purple Heart by 6110th Hospital Group General Order Number 55, dated 11 October 1951.

6.  The applicant’s DD Form 214 shows his military occupational specialty as “4745” which is also the same number listed under “Related Civilian Occupation and D.O.T. Number”.  The Board notes that military occupational specialty “1745” is light weapons infantry and that, upon separation, the applicant was transferred to the Enlisted Reserve Corps in the Infantry Branch.

7.  There is no evidence the applicant was awarded the Good Conduct Medal. There also is no evidence he was disqualified from receiving this award.

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the Korean Service Medal with three bronze service stars.  

9.  Army Regulation 600-8-22 governs the military awards program.  That regulation does not show the “Honorable Discharge Button” as an award authorized to Korean War era veterans.  Therefore, the applicant’s request for the “Honorable Discharge Button” is not discussed further in this proceeding.

10. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge (CIB).  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

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.  The applicant was awarded the Purple Heart; therefore, he is entitled to correction of his records to show this award.

2.  There is no evidence which shows that the applicant was awarded the Combat Infantryman Badge.  However, the Board notes the applicant was wounded while serving in an infantry unit in combat in Korea.  The Board also believes the applicant’s military occupational specialty was incorrectly recorded as 4745 (ammunition inspector) instead of 1745 (light weapons infantry).  On the basis of the foregoing, the Board has determined that the applicant is entitled to award of the Combat Infantryman Badge.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 4 January 1951 through 3 October 1952 based on completion of a qualifying period of service ending with the termination of a period of Federal military service.

4.  The applicant requests entitlement to the Korean Service Medal with three bronze service stars.  His DD Form 214 shows award of the Korean Service Medal with three bronze service stars; therefore, the applicant is not entitled to correction of this entry.

5. 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 that the individual concerned was awarded the Purple Heart, the Combat Infantryman Badge and the first award of the Good Conduct Medal.

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

BOARD VOTE:  

JEV_____  JH______  TDH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON