PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:              19 October 2000
	DOCKET NUMBER:      AR2000037435

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz, Jr.		Chairperson	
	Ms. Tracey L. Pinson		Member	
	Mr. Christopher J. Prosser		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 records be corrected to show award of the United Nations Medal (the Board presumes the applicant is referring to the United Nations Service Medal and will hereafter refer to this award).  He also requests the Purple Heart, the Invasion Arrowhead badge (the Board presumes the applicant is referring to the arrowhead device and will hereafter refer to this award), and the deletion of the reason for separation and the reference to lost time from his DD Form 214 (Separation Document).

3.  The applicant states that while on guard duty in Korea another soldier, who was later court-martialed for assault, struck him in the face.  He believes this injury was in the line of duty and warrants the award of the Purple Heart.  He states that he was a member of a convoy that invaded Korea, which should entitle him to the United Nations Service Medal (UNSM) and the arrowhead device.  He also finds the reason for separation “For convenience of the Gov’t” currently on his DD Form 214 distasteful, and he feels that the listing of the 4 days lost time should be deleted, as it was for a minor infraction.

4.  In support of his application he submits a copy of his Honorable Discharge Certificate issued on 28 April 1952 and his DD Form 214.

5.  The applicant’s military records were not available.  The applicant was notified by the National Personnel Records Center that they were unable to locate his records and they most likely were destroyed by the 12 July 1973 fire.  The information herein was derived from documents provided by the applicant.

6.  The DD Form 214 shows that he entered the Regular Army on 23 July 1948.  He completed training as a supply clerk, serving until his honorable separation on 28 April 1952 under the provisions of Army Regulation 615-360, for convenience of the government.  Block 38, Remarks, contains the entry “4 days lost under Sec 6 appendix 2b MCM 51”.

7.  His awards include the Occupation Medal (Japan) and the Korean Service Medal (KSM) with 4 bronze stars.

8.  The applicant’s DD Form 214, which was authenticated in his own hand at the time of his separation from the Army, does not show the Purple Heart as an authorized award.

9.  Army Regulation 600-8-22, Military Awards, 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 by a medical officer, and the medical treatment must have been made a matter of official record.

10.  The same regulation provides that the UNSM is awarded for service for the period 27 June 1950 to 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. 

11.  The same regulation provides that the National Defense Service Medal (NDSM) is awarded for honorable service for any period between 27 June 1950 and 27 July 1954.

12.  The same regulation provides that the arrowhead denotes participation in a combat jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  It is worn on the service and suspension ribbons of the Korean Service Medal.

13.  DA Pamphlet 672-1, Unit Citation and Campaign Participation Credit Registrar, provides, in pertinent part that the 712th Engineer Depot Company was not awarded an assault landing credit during the Korean war.

14.  Army Regulation 635-5, Personnel Separations, Separation Documents, establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that a narrative reason for separation will be shown.

14.  The same regulation provides that for enlisted personnel the inclusive periods of time lost and period of non-chargeable time after end of term of service will be entered.

CONCLUSIONS:

1.  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.  The applicant’s own statement indicates a fellow soldier injured him.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  The applicant served during the period that the NDSM and the UNSM were authorized and is entitled to have these awards reflected on his DD Form 214.

3.  The governing regulation indicates that the 712th Engineer Depot Company was not given assault landing credit; therefore, he is not entitled to the award of the arrowhead device.

4.  The Board notes the applicant’s contention that he interprets the reason for separation listed on his DD Form 214 as distasteful and the mention of the 4 days of lost time as not reflective of a minor offiense.  The applicant’s contentions are based on his personal interpretations.  He does not indicate any regulatory error or injustice, which would warrant their removal and the Board finds no basis to change the entry.

5.  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 by:

	a.  showing that the individual concern was awarded the NDSM and UNSM;

	b.  issuing to him all of the awards mentioned above; and

	c.  issuing to him a correction to his DD Form 214 reflecting the above awards.

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

BOARD VOTE:  

________  ______ __  _______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

___ewl   _  ___tlp ___  ____cjp _  DENY APPLICATION

		____________Ernest W. Lutz, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR200037435	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED		
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.		
3.		
4.		
5.		
6.