PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  31 August 2000
	DOCKET NUMBER:  AR2000037135

	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. Carl W. S. Chun		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Joe R. Schroeder		Member	
	Ms. Barbara J. Ellis		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 he have his Private First Class (PFC) rank reinstated and that he be awarded medals and awards to which he is entitled; United Nations Service Medal for Korea, Korean Service Medal, Army of Occupation Medal for Japan, Good Conduct Medal, Combat Infantry Badge, Presidential Unit Citation, Republic of Korea Presidential Unit Citation, and Combat Ribbon.

3.  The applicant states that the awards and medals to which he is entitled are not listed on his service records.  He also states that his rank of PFC was unjustly taken away.  He states that he did receive the Purple Heart but it is not on his DD Form 214.

4.  The applicant’s military records show that he enlisted in the Regular Army 
on 4 October 1948 for a three year term of service.  He completed basic training and then Military Occupational Specialty (MOS) training to be an Electrician, MOS 0078.  He served as an electrician in units in the United States until 
28 April 1949 when he was assigned in Japan as an electrician.  On 5 October 1950, he was reassigned to the 14th Transportation Port Battalion, Korea, as an electrician.  On 19 February 1951, he was reassigned to E Company, 9th Infantry Regiment, 2nd Infantry Division, as a rifleman.  His new MOS was 4745, Light Weapons Infantryman.  He was wounded on or about 1 March 1951 by enemy hand grenade fragments at Hongson, Korea.  In addition to shrapnel wounds, he also lost his left eye.  He was evacuated to the Tokyo Army Hospital, Japan, and then to the Valley Forge Army Hospital, Pennsylvania, arriving there on or about 
31 March 1951.

5.  The applicant advanced to the rank of PFC on 13 March 1950, was reduced to a Private (PVT) on 15 November 1950 in Korea, and again advanced to PFC on 20 June 1951 at the Valley Forge Army Hospital.  At the Valley Forge Army Hospital, the applicant was AWOL on 23 May 1951 and then again for two days on 4-5 September 1951.  He was given an Article 15 and on 7 September 1951, reduced in rank from PFC to Private 2nd Class (PV2).  The applicant had also received a Summary Court Martial on 21 November 1950 for going to an “Off Limits” area in Inchon, Korea.  He was sentenced to forfeiture of $35 for one month.

6.  Due to the applicant’s injuries, he was given permanent disability retirement effective 31 December 1951 at the rank of PV2.  His DD Form 214 (Report of Separation) shows that he was awarded the “Occupation Medal of Japan” and the Korean Service Medal.  There is no record of award of the Purple Heart.

7.  The Good Conduct Medal is awarded to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity according to Army Regulation 600-8-2 (Military Awards), Chapter 4, Section I.  The qualifying periods of service include: 3 years completed on or after 27 August 1940; and for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 or upon termination of service on or after 27 June 1950 with less than 3 years but more than 1 year.

8.  The Combat Infantryman Badge (CIB), according to paragraph 8-6, Army Regulation 600-8-22 (Military Awards), is awarded to a soldier with an infantry MOS who is assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period that such unit was engaged in active ground combat with the enemy.  The soldier must have been personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

9.  According to Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) and the applicant’s service in the 
14th Transportation Port Battalion and the 9th Infantry Regiment, he is entitled to 
3 bronze service stars for participation in 3 campaigns, the United Nations Offensive, the CCF Intervention, and the 1st United Nations Counter Offensive.  The 14th Transportation Port Battalion was awarded the Meritorious Unit Commendation for the period 1 September 1950 to 1 March 1951 during which time the applicant was assigned to the unit.  As such, he is entitled to wear a Meritorious Unit Commendation Ribbon.  Neither the 14th Transportation Port Battalion or the 9th Infantry Regiment were authorized a Presidential Unit Citation while the applicant was a member of those units.  Soldiers who were members of the 9th Infantry Regiment during the period 16 September 1950 to 26 October 1953 are authorized to wear the foreign award - Republic of Korea Presidential Unit Citation.  As such, the applicant is authorized to wear this award.

10.  The United Nations Service Medal, according to paragraph 9-12, Army Regulation 600-8-22 (Military Awards), is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas for service on behalf of the United Nations in action in Korea during the period of 27 June 1950 to 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

11.  Award of the Purple Heart, according to AR 600-8-22, is made to soldiers wounded, injured, or killed from an outside force or agent as a result of an action against an enemy or an act of any such enemy.

CONCLUSIONS:

1.  The applicant’s rank, PV2, on his DD Form 214 is correct and just.  He was reduced to that rank as a result of his AWOL and properly administered 
Article 15.  There is no basis to restore the applicant’s PFC rank.

2.  In addition to the Army of Occupation of Japan Medal and the Korean Service Medal shown on the applicant’s DD Form 214, he is entitled to additional awards of 3 bronze service stars for the Korean Service Medal, the United Nations Service Medal, the Meritorious Unit Commendation Ribbon, and the foreign award – Republic of Korea Presidential Unit Citation.

3.  Due of the applicant’s wounding in action by the enemy, he is entitled to the Purple Heart.

4.  Due to the applicant being a light weapons infantryman assigned to the 
9th Infantry Regiment in Korea from 19 February 1951 to 1 March 1951 and being involved in combat action against the enemy under hostile fire wherein he was wounded, he should be awarded the CIB.

5.  There is no Army award called a Combat Ribbon as referred to by the applicant.  There is a Marine Corps Combat Action Medal but it does not apply to the Army or the applicant.

6.  Award of the Good Conduct Medal is made to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity.  Considering the applicants summary court martial, 
Article 15, two periods of AWOL and two rank reductions, his conduct does not warrant award of the Good Conduct Medal.

7.  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 for the individual concerned by showing on his DD Form 214 and in his military record that he was awarded the following additional awards and provided the medals or ribbons were applicable: the Purple Heart, the CIB, 3 bronze service stars for the Korean Service Medal, the United Nations Service Medal, the Meritorious Unit Commendation Ribbon, and the foreign award – Republic of Korea Presidential Unit Citation.

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

BOARD VOTE:  

__sc___  ___js___  __be____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler__
		        CHAIRPERSON

INDEX

CASE ID	AR2000037135	
SUFFIX		
RECON		
DATE BOARDED	20000831	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.107	Decorations and Awards	
2.		
3.		
4.		
5.		
6.