PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER:   AC9811498

	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	
	M .		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 DD Form 214 be corrected to show he did not have 18 days of AWOL (absent without leave) and to show his true rank with all medals earned.  In previous correspondence he claimed he was recommended for the Bronze Star Medal for valor and that he is authorized the Distinguished Unit Citation (now the Presidential Unit Citation), the Glider Badge; and the Purple Heart with one oak leaf cluster.

3.  The applicant states in reference to his AWOL time that he was found innocent of all charges and specifications at his court-martial in April 1952.  He also states that he received a superficial wound in September 1950 and was treated by the regimental medic.  He states he was promoted to Sergeant shortly before he rotated back to the States.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

5.  The applicant entered active duty on 27 September 1948.  He served 1 year, 1 month and 6 days in Korea where he was assigned to Company G, 25th Division, 35th Infantry Regiment.  He was separated on 14 May 1952.  His DD Form 214 shows he earned the Combat Infantry (sic) Badge and the Korean Service Medal with 5 bronze stars and that he completed basic airborne training.

6.  There is no record of court-martial on the applicant at the Office of the Clerk of the Court, U. S. Army Judiciary.  The Defense Finance and Accounting Service does not maintain leave and earning statements from any period earlier than 1972.  

7.  Promotion to Sergeant orders are not available.  The applicant does have some documents available to show he held the rank of Corporal at one time.  However, they are not promotion orders and there is no way to verify if Corporal was a permanent or temporary rank.  If it was a temporary rank, and he was later reduced for some reason, then the DD Form 214 showing his rank/date of rank as Private First Class (P) 4 October 1950 is correct.  

8.  Army Regulation 600-8-22, provides policy, criteria and administrative instructions concerning individual military decorations.  In pertinent part, it states that a wound for which the award of the Purple Heart was made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

9.  There is no evidence in the applicant’s available medical documents that he was ever treated for a wound other than the one for which he received the one .  Purple Heart and he provides no supporting evidence from individuals who may have witnessed his wounding and treatment.

10.  Army Regulation 600-8-22 also provides that award of the Korean Service Medal  automatically establishes eligibility for the United Nations Service Medal.

11.  There is no evidence to show the applicant was ever awarded the Glider Badge.  Army Regulation 600-8-22 provides that it may be awarded retroactively upon application to the Commander, Total Army Personnel Command (PERSCOM) ATTN:  TAPC-PDA, 200 Stovall Street, Alexandria, VA  22332-0471 when it can be established by means of sufficient documentation that the proficiency tests then prescribed were satisfactorily completed while assigned or attached to an airborne unit or to the Airborne Department of the Infantry School or evidence is provided of at least one combat glider landing into enemy-held territory carrying out an assigned tactical mission.

12.  Army Regulation 600-8-22 provides for the award of the Parachutist Badge when an individual satisfactorily completes the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School.

13.  The Awards Branch, PERSCOM verified that the applicant is eligible for the Republic of Korea Presidential Unit Citation.  They determined that Companies I, L, M and the Heavy Mortar Platoon of the 25th Division, 35th Infantry Regiment were awarded a Presidential Unit Citation but not Company G.

14.  The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

CONCLUSIONS:

1.  The applicant has provided no evidence that the 18 days lost time shown on his DD Form 214 is incorrect.

2.  The applicant has provided no evidence that his rank of Private First Class shown on his DD Form 214 is incorrect.

3.  The applicant has provided no evidence to show he was wounded, and treated for that wound, in September 1950.

4.  If the applicant feels he should have been awarded a Bronze Star Medal for valor, a reconstructed award recommendation must be prepared.  DA Form 638 (Recommendation for Award) must be completed with information pertaining to him and his unit of assignment during the period(s) for which he is being recognized.  A narrative of the action(s) for which he is being recognized is required.  Finally, it is important that the recommendation be accompanied by eyewitness statements attesting to the act(s) of valor performed, sworn affidavits, certificates and any other related documentation.  The request(s), which should be mailed to Commander, United States Army Personnel Command, ATTN:  TAPC-PDA, 200 Stovall Street, Suite 7S07, Alexandria, VA  22332-0471, will be considered only if it has been referred to the Secretary of the Army by a Member of Congress.

5.  Since the applicant completed the basic airborne course, this Board presumes he met the eligibility requirements for award of the basic Parachutist Badge.

6.  The applicant’s DD Form 214 does not show all his awards and decorations.

7.  In view of the foregoing, it would be proper to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 214 be corrected to show he was awarded the Purple Heart, the Combat Infantryman Badge, the Korean Service Medal with     1 silver star; the United Nations Service Medal, the Republic of Korea Presidential Unit Citation and the Parachutist Badge.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON