PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:          19 October 2000           
	DOCKET NUMBER:  AR2000040135

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Tracey L. Pinson 		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

3.  The applicant states that he lost the citation for his Purple Heart that he received as a result of the wounds that are listed on his DD Form 214.  He submits a copy of his DD Form 214 in support of his request.

4.  The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

5.  Prior to the enlistment under review, the applicant served in the Regular Army (RA) for approximately 3 years until he was honorably discharged on 10 July 1953. On 11 July 1953, he reenlisted in the RA for an additional 
3 years.  He served in military occupational specialty (MOS) 131.70 (Armor Crewman).  He also served in Korea during the Korean War.  However, the exact dates that he served in Korea are not a matter of record.  The highest rank he achieved was sergeant first class.

6.  On 12 July 1956, he was honorably discharged.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry “GSW [gunshot wound]: Left Side of Head, 6 February 1951, Korea.”  The entry “SFW [shell fragment wound], pen 5 finger left hand, 19 September 1951, Korea.“ is also shown.

7.  His DD Form 214 shows that he was awarded the Distinguished Unit Citation, the Presidential Unit Citation, the Republic of Korea Presidential Unit Citation, the National Defense Service Medal (NDSM), the Korean Service Medal, the Combat Infantryman Badge (CIB), and the United Nations Service Medal.

8.  The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards) prepared by the National Personnel Records Center (NPRC), dated 
8 March 1999.  This document shows that he is entitled to award of the Distinguished Service Medal (DSM), the Good Conduct Medal (GCMDL), the Presidential Unit Emblem, the NDSM, the Korean Service Medal, the CIB and the United Nations Service Medal.

9.  Neither his DD Form 214, nor the DA Form 1577 shows the Purple Heart as an authorized award. 

10.  Medical evidence from the Office of the Surgeon General, Department of the Army, dated, dated 6 July 1995 from the Office of the Surgeon General shows that on 6 February 1951, he was treated for wounds to the forehead and frontal region as a direct result of action against or by an organized enemy.

11.  Additional evidence from the Office of the Surgeon General, dated 
13 February 1995, shows that on 19 September 1951, the applicant was treated for a “fracture compound, comminuted, with no nerve or artery involvement, metacarpal bones and phalanges:  Phalanges of little finger; debridement of wound of extremities, as a direct result of action against or by an organized enemy.”

12.  Army Regulation 600-8-22 provides, in pertinent part, that the DSM is awarded to any person who, while serving in any capacity with the U.S. Army, has distinguished himself by exceptionally meritorious service in a duty of great responsibility.  The performance must be such as to merit recognition for service which is clearly exceptional.  Exceptional service of normal duty will not alone justify an award of the decoration.  For service not related to actual war, the term “duty of great responsibility” applies to a narrower range of positions than in time of war and requires evidence of conspicuously significant achievement.  However, justification of the award may accrue by virtue of exceptionally meritorious service in a succession of high positions of great importance.  Awards may be made to persons other than members of the Armed Forces of the U.S. for wartime services only and then only under exceptional circumstances with the expressed approval of the President.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  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.  Sustaining 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. 

14.  Army Regulation 600-8-22 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.  

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  

16.  A bronze oak leaf cluster (OLC) is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

CONCLUSIONS:

1.  There is no evidence of record which shows that the applicant was awarded the Purple Heart; however, official military records show that he was wounded as a result of hostile action on 6 February 1951 and on 19 September 1951 and he received medical treatment.  Therefore, he is entitled to award of the Purple Heart with the OLC and correction of his records to show these awards.

2.  The applicant is also entitled to correction of his records to show the award of the GCMDL.

3.  The evidence of record shows that the NPRC issued an authorization for award of the DSM to the applicant, however, there is no evidence, such as orders, to show that he was ever awarded the DSM.  Therefore, he is not entitled to have his records corrected to show award of the DSM at this time without more proof.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected and that the individual concerned receive a DD Form 214 (Correction to DD Form 214) to show that he was awarded the Purple Heart with the OLC and the GCMDL.

BOARD VOTE:  

__ewl___  __cjp____  __tlp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		 __Ernest W. Lutz___
		        CHAIRPERSON

INDEX

CASE ID	AR200040135	
SUFFIX		
RECON		
DATE BOARDED	20001019	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19560712	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.