PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 August 2000
	DOCKET NUMBER:   AR2000041752

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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 his wound was documented in item 29 (Wounds Received as a Result of Action with Enemy Forces), but award of the decoration was not entered in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

4.  The applicant’s military records show he entered active duty on 12 January 1949 and completed infantry training.  He served in Korea from 19 August 1950 until he was captured on 12 February 1951.  The applicant was repatriated on 27 August 1953 and was honorably discharged on 15 October 1953.

5.  Item 29 of the applicant’s DD Form 214 shows he sustained a bullet wound in the left upper arm on 12 February 1951 at Hong Song, South Korea.

6.  The Board noted the applicant was eligible for the Combat Infantryman Badge, Prisoner of War Medal, three bronze service stars to be worn on his Korean Service Medal, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation which are not shown on his DD Form 214.

7.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award.  However, his records show he enlisted in the Regular Army as an infantryman and that he served in specialty 1745 (infantry).  Records also show that he served in Company I of the 38th Infantry Regiment in Korea.  Award of the Purple Heart for wounds resulting from hostile action confirms that he participated in ground combat against an armed enemy. 

8.  The applicant’s repatriation medical examination shows he was a prisoner of war from 12 February 1951 to 26 August 1953 during the Korean Conflict.

9.  The applicant’s DD Form 214 shows the Korean Service Medal as an authorized award.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge during the Korean Conflict.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  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 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  Appendix B shows that the applicant served in three campaigns:  the United Nations Defensive; United Nations Offensive; and Chinese Communist Forces Intervention. 

14.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954 and that award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean conflict.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 16 September 1950 to 26 October 1953 by Department of the Army General Orders Number 10-54. 

CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded as a result of hostile action on 12 February 1951; therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

2.  The applicant was awarded an infantry MOS and served as an infantryman in an infantry company in ground combat during the Korean Conflict; therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show the Combat Infantryman Badge.

3.  Evidence of record shows the applicant was a prisoner of war from 12 February 1951 to 26 August 1953 during the Korean Conflict; therefore, he is entitled to award of the Prisoner of War Medal and correction of his records to show this award.

4.  Evidence of record shows that the applicant served in three campaigns during the Korean Conflict; therefore, he is entitled to three bronze service stars to be worn on his Korean Service Medal and correction of his records to show the Korean Service Medal with three bronze service stars.

5.  The applicant was awarded the Korean Service Medal which entitles him also to award of the United Nations Service Medal.  Therefore, he is entitled to award of the United Nations Service Medal and correction of his records to show this award.

6.  While the applicant was assigned to 38th Infantry Regiment, it was cited for award of the Republic of Korea Presidential Unit Citation; therefore, the applicant is entitled correction of his records to show the unit award.

7.  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 by showing the individual concerned was awarded the Purple Heart for wounds sustained on 12 February 1951, the Combat Infantryman Badge, the Prisoner of War Medal, three bronze service stars to be worn on his Korean Service Medal, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

BOARD VOTE:  

__SW___  __LDS___  __MM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____ Sherri V. Ward______
		        CHAIRPERSON

INDEX

CASE ID	AR2000041752	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19531015	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.000	
2.		
3.		
4.		
5.		
6.