PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 5 August 1999
	DOCKET NUMBER:        AR1999018816

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, 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, in effect, that his DD 214 (Report of Separation from the Armed Forces of the United States) be corrected to show that he was awarded the Purple Heart.

3.  The applicant states, in effect, that he was wounded and treated at the
27th Infantry Regiment Aid Station and was never awarded the Purple Heart
In support of his application he submits a copy of his DD Form 214.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 9 December 1948.  He served in Korean and was honorably discharged on 27 May 1952.

5.  The applicant’s DD Form 214 shows he was awarded the Army of Occupation Medal for Japan, one Overseas Service Bar, the Korean Service Medal with three bronze campaign stars and the Combat Infantryman Badge.  His discharge document does not show the Purple Heart and CIB as authorized awards.

6.  Item 29 (Wounds Received as a result of Action with Enemy Forces) of the applicant’s DD Form 214, shows the entry “Gun Shot Wound left side of face
25 April 1951”.

7.  The Board notes that the applicant is entitled to the first award of the Good Conduct Medal and the Republic of Korea Presidential Unit Citation, which are not shown on his discharge document.

8.  There is no indication in the applicant’s personnel records that show he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.
However, his records show that he received excellent conduct and efficiency rating during his entire period of service.  There is no evidence of derogatory information contained in the available records.

9.  The applicant was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Orders 35, dated 1951.

10.  The Board notes that the applicant served in Korea and participated in the United Nations Defensive, United Nations Offensive and the Chinese Communist Forces Intervention Campaigns.  The Board also notes that he is entitled to the First United Nations Counteroffensive Campaign which occurred from 25 January 1951 to 21 April 1951 and the Chinese Communist Forces Spring Offensive Campaign which occurred from 22 April 1951 to 8 July 1951, which are not shown on his discharge document.

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 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.

13.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 to 27 July 1954.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of the bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five 
bronze service stars 

CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded on 25 April 1951 while serving in Korea.  Therefore, he is entitled to correction of his records to show 
that he was awarded Purple Heart.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 9 December 1948 to 8 December 1951 based on completion of three years of qualifying service.  Therefore, he is entitled to correction of his records to show this award.

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

4.  The applicant served in two additional Campaigns in Korea for a total of five Campaigns.  Therefore, he is entitled to a silver service star to be worn on his Korean Service Medal and is entitled to correction of his records to show this 
award.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing in item 27 (Decoration and Awards) of his DD Form 214 that he was awarded the Purple Heart for wounds received in action on 25 April 1951 while serving in Korea, the first award of the Good Conduct Medal for the period 9 December 1948 to 8 December 1951, the Republic of Korea Presidential Unit Citation and the Korean Service Medal with a silver service star.

BOARD VOTE:  

MDM____  AAO____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mark D. Manning_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999018816	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990805	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19520527	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.