PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               15 February 2000
	DOCKET NUMBER:       AR1999029006

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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 two awards of the Combat Medical Badge, award of the Purple Heart, award of the Silver Star, and, in effect, credit for additional Korean War campaigns. 

3.  The applicant states that he served in Korea for a short period of time and rotated on points.  He contends that he received two awards of the Combat Medical Badge.  He also contends that he was “tagged” for a wound, but was not hospitalized and that he received the battle wound from an “artillery muzzle blast” while tending to some wounded.  The applicant also contends that he was recommended for award of the Silver Star and it was approved, but he never was “informed of the award.”  In effect, he also requests award of one additional bronze service star to be worn on his Korean Service Medal.  In support of his application, he submitted a 17 May letter of explanation, a historical summary of the battle for hill 290 (24 January 1952), a first person account of the 16 April 1952 “L Company Raid”, a summary of Army Service and Campaign Medals for Korea, a historical summary of the 45th Division, a summary of an excerpt from a Veteran of Foreign Wars publication showing major combat unit casualties in Korea, a copy of the applicant’s Honorable Discharge Certificate, a copy of a 10 January 1994 letter from the applicant to the Army Reserve Personnel Center (ARPERCEN) with a copy of his certificate of service attached, and an 11 May 1994 letter from the applicant to ARPERCEN with a notification of zip code change, a 13 February 1999 roster of deceased members of a company of the 279th Regiment, and picture of medical aidmen moving a casualty. 

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 that he was inducted on 11 October 1950 and completed training as a medical technician.  He served overseas for over 15 months; however, the dates of his service in Korea are not available from reconstructed records.  He was honorably discharged on 17 October 1952.

5.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) shows the Army of Occupation Medal with Japan Clasp, the United Nations Service Medal, the Medical Badge (correctly known as the Combat Medical Badge), the Korean Service Medal with one bronze service star as authorized awards.  The applicant’s DD Form 214 does not show two awards of the Combat Medical Badge, the Purple Heart, or the Silver Star as authorized awards.

6.  There are no orders or other evidence which shows that the applicant received more than one award of the Combat Medical Badge.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.  The regulation also states that, to date, a separate award of the Combat Medical Badge has been authorized for qualified soldiers who served in World War II, Korean War, and the Vietnam Conflict.  The regulation does not permit more than one award of the Combat Medical Badge for service during the Korean War.

8.  There are no orders in the records available to the Board which show that the applicant was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. 

9.  There are no orders in the applicant’s service personnel records which show that he was awarded the Silver Star.  There also is no evidence in his records that he was recommended for award of the Silver Star. 

10.  There is no evidence or record which shows the exact dates of the applicant’s service in the Medical Company of the 279th Infantry Regiment in Korea.  These dates coupled with campaign credit for the 279th Infantry are the basis for award of bronze service stars to be worn on the applicant’s Korean Service Medal.

11.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  There is no indication of indiscipline in his records

12.  Army Regulation 600-8-22 (Military Awards) 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.  Review of the applicant’s dates of service reveals entitlement to the National Defense Service Medal which is not shown on his discharge document.  

14.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

15.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, foreign unit awards received by units which participated in the Korean War.  This document shows that the unit to which the applicant was assigned, the 279th Infantry Regiment of the 45th Infantry Division, was awarded the Republic of Korea Presidential Unit Citation for actions during the period 10 December 1951 to 31 July 1953 by Department of the Army General Orders Number 30-54.  The Republic of Korea Presidential Unit Citation is not shown as an authorized award on the applicant’s DD Form 214.

CONCLUSIONS:

1.  The applicant’s DD Form 214 shows that he received one award of the Combat Medical Badge for qualifying service during the Korean War.  There is no evidence which shows that the applicant served any other period of qualifying service which entitled him to a second award of the Combat Medical Badge.  Therefore, the applicant is not entitled to correction of his records to show two awards of the Combat Medical Badge.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Silver Star. Therefore, the applicant is not entitled to award of the Silver Star.

4.  In the absence of evidence of record which shows the dates of the applicant’s service in the Medical Company of the 279th Regiment, there is no basis for additional awards of bronze service stars for campaigns served in during the Korean War.  The applicant’s DD Form 214 shows that he received one bronze service star to be worn on his Korean Service Medal and it is presumed in the absence of evidence to the contrary that the DD Form 214 is correct in this regard.

5.  The applicant is entitled to the first award of the Good Conduct Medal for the period 11 October 1950 through 17 October 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

6.  The applicant served on active duty during a period of eligibility for award of the National Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

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

8.  The Board reviewed all of the documentation submitted by the applicant in support of his application.  There is no specific reference to the applicant in these documents.  There also is no specific reference to the applicant receiving, being recommended for, or being otherwise entitled to a second award of the Combat Medical Badge, award of he Purple Heart or award of the Silver Star.  Therefore, these documents do not constitute a basis for correction of service records to show any additional awards for the applicant.

9.  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 the individual concerned was awarded the first award of the Good Conduct Medal for the period 11 October 1950 through 17 October 1952, the National Defense Service Medal and the Republic of Korea Presidential Unit Citation.

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

BOARD VOTE:  

FE_____  KAK_____  RA______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred Eichorn__________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029006	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19521017	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.