PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 24 October 2000             
	DOCKET NUMBER:        AR2000045135

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		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 Combat Infantryman Badge, the Japanese Occupation Ribbon (correctly known as the Army of Occupation Medal with Japan Clasp), the Korean Service Medal with three bronze service stars, the Purple Heart and the Silver Star.

3.  The applicant states that he was awarded the Purple Heart and the Silver Star, but he never received them.  He states that these awards are not shown on his DD Form 214, dated 11 November 1951.  He contends that he submitted a request for correction of his DD Form 214 on 15 January 1980, but he never received a reply to that request.  Also, he states that item 29 on his DD Form 214 reflects wounds received to his legs and buttocks on 11 September 1951, so this should support his request for award of the Purple Heart to be reflected on his DD Form 214.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he initially served in the Regular Army from 26 September 1946 to approximately March 1948.  He entered active duty on 1 October 1950, completed infantry training and completed 11 months and 14 days of foreign service.  He was honorably released from active duty on 11 November 1951.

5.  The applicant’s DD Form 214, which is authenticated in his own hand, does not show the Combat Infantryman Badge, the Silver Star or the Purple Heart as authorized awards.  His DD Form 214 does show the entries “Japanese Occupation” and “Korean Svc W/3 Bz Stars”.  Therefore, the Army Occupation Medal with Japan Clasp and the Korean Service Medal with three bronze service stars will not be discussed further in this proceeding.

6.  Evidence available to the Board shows that the applicant was awarded an infantry military occupational specialty (MOS) and served with the 31st Infantry Regiment during combat in Korea.  

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 shows he sustained wounds on 11 September 1951.  Also, a DA Form 1577 (Authorization for Issuance of Awards), dated 9 April 1980, in the available records shows he was awarded the Purple Heart.

8.  There is no evidence available to the Board which shows that the applicant was recommended for or awarded the Silver Star.

9.  The Board noted that the applicant is eligible for award of the Republic of Korea Presidential Unit Citation and the Presidential Unit Citation which are not shown on his DD Form 214.
10.  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, 31st Infantry Regiment, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 30 September 1950 to 27 July 1953 by Department of the Army General Orders Number 22-56.  The applicant was a member of Company K of the 31st Infantry Regiment during the period for which the 31st Infantry Regiment was cited for the Presidential Unit Citation by Department of the Army General Orders Number 86-53. 

11.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the 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 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, and in a unit actively engaged in ground combat with the enemy.

12.  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.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  Evidence of record shows the applicant served in an infantry MOS with the 31st Infantry Regiment during combat in Korea; therefore, he is entitled to award of the Combat Infantryman Badge.

2.  Evidence available to the Board shows that the applicant was awarded the Purple Heart for wounds he sustained in action on 11 September 1951; therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart.

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Silver Star. Therefore, the applicant is not entitled to award of the Silver Star.

4.  The applicant was awarded the Republic of Korea Presidential Unit Citation and the Presidential Unit Citation; therefore, his DD Form 214 will be amended to show these awards.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Combat Infantryman Badge, the Purple Heart, the Republican of Korea Presidential Unit Citation and the Presidential Unit Citation.

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

BOARD VOTE:  

MKP____  ESC_____  JTM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR2000045135	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.