PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            31 October 2000
	DOCKET NUMBER:   AR2000041255

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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 be awarded the Purple Heart (PH) and Bronze Star Medal (BSM) and that his records be corrected to reflect all of his authorized awards. 

3.  The applicant states, in effect, that his record does not correctly indicate that he is entitled to awards of the PH and BSM.

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center at St. Louis, Missouri which destroyed millions of service records.  However, his report of separation (DD Form 214) shows that he enlisted in Philadelphia, Pennsylvania on 2 February 1950 and was promoted to the rank of Sergeant on 13 May 1951.  He was honorably discharged on 2 February 1953.  He had served 3 years and 1 day of total active service.

5.  His DD Form 214 shows that he was awarded the Combat Infantryman Badge (CIB), the Korean Service Medal with four bronze service stars, and the Army of Occupation Medal (AOM) with Germany clasp.  His records also indicate that he was assigned to Company B, 7th Cavalry Regiment and was wounded as a result of action with the enemy on 5 June 1951 in Korea when he received a shell fragment wound to the right leg at the buttock.  However, there is no indication that he was ever awarded the PH.

6.  On 14 April 1988 the Army Reserve Personnel Center (ARPERCEN) issued a DA Form 1577 (Authorization for Issuance of Awards) to the Commander, United States Army Support Facility, Philadelphia, Pennsylvania, directing that agency to issue the applicant medals for the PH, the Good Conduct Medal (GCMDL), the AOM with Germany clasp, the National Defense Service Medal (NDSM), the Korean Service Medal (KSM), the CIB, the United Nations Service Medal (UNSM) and included the authorization for the Korea Presidential Unit Citation (PUC) Badge (not issued by Department of the Army).  There is no indication that the additional awards were ever added to the applicant’s DD Form 214. 

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was a result of hostile action, that the wound/injury must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II (1941 – 1945).  

CONCLUSIONS:

1.  While it is apparent that the applicant was authorized the award of the PH and that he was issued the medal, there is no evidence in the available records to show that it was officially awarded to him or entered into his records.  Accordingly, it would be in the interest of justice to correct this administrative oversight at this time.

2.  The Board can find no evidence to show that he was entitled to award of the BSM as an individual award or as a conversion award associated with his award of the CIB as was done during World War II (for either a specific act or for meritorious service).  Accordingly, in the absence of evidence to show that he was recommended and approved for such an award, there is no basis for the Board to do so at this time.

3.  The evidence of record shows that he was authorized and issued awards of the PH, GCMDL, NDSM, UNSM, and the Korea PUC that were not entered on his DD Form 214.  Likewise, it would be in the interest of justice to do so at this time. 

4.  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 awarding the individual concerned the PH for wounds received in action against the enemy on 5 June 1951, while serving in the rank of Sergeant with Company B, 7th Cavalry Regiment in Korea.

2.  That his records be corrected to show that he was awarded the PH, GCMDL, NDSM, UNSM, and the Korea PUC.

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

BOARD VOTE:  

___eja __  ___alr___  ___bfh __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Elzey J. Arledge, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041255	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/31	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  60	107.0014/BSM	
3.  189	110.0000/CORR 214	
4.		
5.		
6.