MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 March 2000     
	DOCKET NUMBER:   AR2000038579

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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, award of the Purple Heart and the Combat Infantryman Badge.

APPLICANT STATES:  In a separate letter contained in his limited records, that while assigned to Company B, 29th Infantry Regiment, 25th Division, he was awarded the Combat Infantryman Badge in August/September 1950 and that he was awarded the Purple Heart in October 1950.   

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on
6 December 1948 for a period of 3 years.  He served in Korea, was extended involuntarily for 6 months and was honorably discharged on 4 June 1952.

The applicant’s discharge document, which was authenticated in his own hand, does not show the Purple Heart or the Combat Infantryman Badge as authorized awards. 

There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 states “None”. 

His records contain WD AGO Form 8-24 (Medical Record), dated 5 September 1950, which indicates that on 4 September 1950 the applicant sustained a gunshot wound to his left hand in Korea when he was cleaning his carbine and it accidentally discharged. 

There are no orders in the available records which shows the applicant was awarded the Combat Infantryman Badge.  There is no evidence in the available records which shows the applicant served in military occupational specialty
(MOS) 1745 (light weapons infantry) during his assignment 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 Combat Infantryman Badge (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 specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

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 awarded the Purple Heart in October 1950.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded the Purple Heart or was wounded or treated for wounds due to hostile action in Korea.  Therefore, he is not entitled to the Purple Heart.     

2.  The Board also noted the applicant’s contention that he was awarded the Combat Infantryman Badge in August/September 1950.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded the Combat Infantryman Badge or that he served in MOS 1745 (light weapons infantry) during his assignment in Korea.  Therefore, he is not entitled to the Combat Infantryman Badge.

3.  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

RGH___  MDM_____  JPS____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR2000038579	
SUFFIX		
RECON		
DATE BOARDED	20000329	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19520604	
DISCHARGE AUTHORITY	AR 615-360  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.