PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            14 April 1999     
	DOCKET NUMBER:   AC98-07266
				   AR1999017689

	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. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		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 military records be corrected to reflect entitlement to several decorations, including the Purple Heart, Combat Infantryman Badge, Korean Service Medal, United Nations Service Medal, National Defense Service Medal, Korean Presidential Unit Citation, the Army Service Ribbon and Overseas Service Ribbon and a marksmanship badge for the rifle and pistol.  He states his separation document does not reflect entitlement to any awards or decorations.  Additionally, although the applicant also mentions that he is entitled to the “Korean Pusan Medal” it is unclear what award he is referring to, as there is no such decoration in the military’s inventory.

3.  Records available to the Board indicate the applicant entered active duty on 20 January 1948 and served in Korea as an infantryman with the 9th Infantry Regiment between August 1950 and August 1951 when he was evacuated after being wounded near Mason, Korea on 9 August 1951.

4.  The applicant remained on active duty until 31 December 1951 when he was honorably discharged and retired by reason of permanent disability as a corporal. His separation document confirms he was wounded in action but item 27 (decorations, medals, badges, etc.) reflects “NONE.”

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

6.  There are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

7.  Army Regulation 600-8-22 also states that individuals serving in Korea between 1950 and 1954 are entitled to the Korean Service Medal and United Nations Service Medal.

8.  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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal.

9.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (Company G, 9th Infantry) was credited with participating in six designated campaigns during the applicant’s period of assignment.  The unit was also awarded a Presidential Unit Citation and two Republic of Korea Presidential Unit Citations during his tenure with the organization.

10.  Marksmanship qualification badges are awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Basic qualification badges are of three classes; expert, sharpshooter, and marksman.

11.  The Army and Overseas Service Ribbons were established by the Secretary of the Army in April 1981.  They are awarded to individuals who had an Active Army status on or after 1 August 1981 after meeting certain service requirements.

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded on 9 August 1951 as a result of enemy action and as such is entitled to award of the Purple Heart.

2.  Based on his service in Korea as an infantryman with the 9th Infantry Regiment he is also entitled to the Combat Infantryman Badge, the Korean Service Medal with six bronze service stars, the United Nations Service Medal, the National Defense Service Medal, a Presidential Unit Citation and two Republic of Korea Presidential Unit Citations.

3.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 19 January 1951 and there is no evidence, which would serve as a basis to deny him the award.  As such he should be awarded the Army Good Conduct Medal for the three-year period 20 January 1948 through 
19 January 1951.

4.  There is no evidence, nor has the applicant provided any, which confirms his entitlement to a marksmanship qualification badge for the rifle or pistol.

5.  The applicant was not in an Active Army status on or after 1 August 1981 and as such is not entitled to the Army or Overseas Service Ribbons.

6.  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:

a.  by awarding the individual concerned the Purple Heart for wounds sustained on 9 August 1951 as a result of hostile action while in Korea;

b.  by awarding him the Combat Infantryman Badge, the Korean Service Medal with six bronze service stars, the United Nations Service Medal, the National Defense Service Medal, a Presidential Unit Citation and two Republic of Korea Presidential Unit Citations; and

c.  by awarding him the Army Good Conduct Medal for the period               20 January 1948 through 19 January 1951.

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

BOARD VOTE:  

___klw__  __aao___  __tbr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-07266/AR1999017689	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990414	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2.  110.00		
3.		
4.		
5.		
6.