MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            23 February 2000
	DOCKET NUMBER:   AR1999027137

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Ms. Joyce A. Wright		                          Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Raymond J. Wagner		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that he be awarded the Purple Heart and the Combat Infantryman Badge (CIB).

APPLICANT STATES:  In effect, that he was assigned to a Korean Company at the south side of Naktong River as a rifleman for several weeks per order of his commanding general as part of the 10 percent of all units in Pusan Pocket.  He also states that his secondary military occupational specialty (MOS) was rifleman.  He further states that he was relieved from duty at Inchon and that he went to the North Korean side of the Yalu River.  He goes on to state the he was wounded on 25 April 1951 during a mortar attack on a South Korean Regiment while attached for Radio support.

EVIDENCE OF RECORD:  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 enlisted on 14 January 1949 as a relay telegrapher (2187) and continued to serve until he was honorably discharged on 6 February 1952 in order to reenlist.  He reenlisted on 7 February 1952 as a carrier equipment repairman.  He served in Korea and was honorably discharged for physical disability with severance pay on 13 December 1955.

The applicant’s DD Forms 214 (dated 6 February 1952 and 13 December 1955)
do not show the Purple Heart or the CIB as authorized awards.  

Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214s, which were authenticated in his own hand, show the entry “NONE”.

There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

The applicant’s records contain a copy of the applicant’s Standard Form 88 (Report of Medical Examination), dated 17 November 1955, which shows that 
he was diagnosed as having a schizophrenic reaction, n.e.c., acute, moderate manifested by auditory and visual hallucinations, brief amnestic periods, aggressive outbursts, overt anxiety, impaired judgement and insight.  He was also found not qualified for further military duty.

The applicant appeared before the Medical Evaluation Board (MEB) on 17 November 1955.  The MEB unanimously determined that the applicant was medically unfit for further military service due to the above diagnosis and recommended that he appear before a Physical Evaluation Board (PEB).

The applicant appeared before the PEB on 22 November 1955.  The PEB found the applicant unfit to perform the duties of his office, rank, or grade by reason of physical disability, which was incurred while entitled to receive basic pay.  The PEB also recommended a rating of 10 percent with severance pay.

There is no indication in the available records, which show that he was awarded an infantry MOS, that he served in an infantry duty position or that he was awarded the CIB.  Records show the applicant served as a carrier equipment repairman in a signal company while serving in Korea.

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.

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s contention that he was wounded on 
25 April 1951 during a mortar attack on a South Korean Regiment while attached for radio support.  However, there is no medical evidence in the available records, and the applicant has provided no evidence of record, to show that he was wounded on 25 April 1951 as a result of hostile action while serving in Korea.  Therefore, he is not entitled to correction of his records to show the Purple Heart.

2.  The evidence of record shows that the applicant served as a carrier equipment repairman in a signal company while serving in Korea.  Therefore, he is not eligible for award of the Combat Infantryman Badge.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RVO____  EB______  RJW____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027137	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000223	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19551213	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  157		
2.  61		
3.		
4.		
5.		
6.