MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            31 October 2000                  
	DOCKET NUMBER:   AR2000045978

	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.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		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 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:  That the Silver Star (SS), the Bronze Star Medal (BSM), the Purple Heart (PH), and the Combat Infantryman Badge (CIB) be added to his Report of Separation from the Armed Forces of the United States, DD Form 214.  He also requests that the entry “prisoner of war (POW) from      18 November 1950 through early February 1952” be entered in item 38 of his  DD Form 214.

APPLICANT STATES:  That the entries for the SS, BSM, PH and CIB were noted on his original DD Form 214 but not on the copy furnished by the National Personnel Records Center to the VA.  His medical records state three different things – that he shot himself in the leg, that he was shot in the leg by a Korean houseboy, and that he was wounded in action.  The latter is true.  He was wounded in action on 18 November 1950.  He states he was in Company F, 2d Battalion, 9th Infantry Regiment, 2d Infantry Division at the time of the error in his records.  He provides a copy of his DD Form 214 as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from alternate sources.

The applicant enlisted in the Regular Army on 2 December 1948.  On an unknown date he arrived in Korea.  

A Clinical Record Brief dated 6 June 1952 shows that the applicant was treated for a penetrating wound of the left lower extremity and that the wound was self-inflicted on 22 February 1952.  This document shows the applicant’s unit as Service Battery, 38th Field Artillery Battalion.  Another medical document shows that the wound occurred on 22 February 1952 when the applicant was shot by a Korean houseboy who accidentally discharged a weapon.  A Clinical Record Consultation Sheet dated 7 August 1952 shows that the applicant was wounded in action on 22 February 1952.

An Office of the Surgeon General Hospital Admission Report shows that the applicant was assigned to the 38th Field Artillery Battalion when he was admitted on 22 February 1952 for treatment of a wound caused by an accident in connection with the use of his own instrumentality of war – the explosion of small arms ammunition (not misconduct).  The report notes that he was not a former prisoner of the enemy.  He was returned to duty on 9 September 1952.

The applicant was released from active duty with an honorable discharge on       2 December 1952 in the rank of Private, E-2.

The DD Form 214, Individual’s Copy, in the applicant’s Official Military Personnel File and the DD Form 214, Veterans Administration Regional Office Copy show that the applicant was awarded the Army of Occupation Medal (Japan) and the Korean Service Medal with one bronze campaign star.  

The DD Form 214, Individual’s Copy provided by the applicant shows that he was awarded the Army of Occupation Medal (Japan), the Korean Service Medal with one bronze campaign star, the CIB, the SS, the BSM, and the PH.  It also shows in item 29 that he was wounded on 18 November 1950 in Korea.  The type used to enter the CIB, SS, BSM, PH and wound entries are in a different pitch from that used on the other entries on the form.

All copies of the available DD Forms 214 show that the applicant was in the Ordnance Branch.

In 1999, at the request of the VA, the National Personnel Records Center searched the morning reports of Company F, 9th Infantry Regiment for October through December 1950 and for January through March 1952 and could find no reference to the applicant.

The applicant’s name is not on the Korean War POW listing prepared by the Defense POW/Missing Personnel Office.  

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  It also provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The evidence of record does not corroborate the applicant’s contentions that he was a POW and was awarded the SS and BSM or that he was eligible for award of the CIB and PH.  
3.  The Board notes the different versions of how the applicant was wounded as noted in different medical documents.  However, these were entries made by medical personnel who can only enter the nonmedical information as they are given it.  Medical personnel do not investigate into the true facts behind an injury before treating a patient and completing their forms.  The Board concludes that an investigation into the applicant’s injury was completed and the true facts were entered on the last medical document available – the Hospital Admissions Report that reported his wound was caused by an accident in connection with the use of his own instrumentality of war – the explosion of small arms ammunition (not misconduct).

4.  The Board also notes that the applicant did not disagree with the date of the injury as shown on any of these medical documents – 22 February 1952, after he was supposedly released as a POW.  

5.  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

__eja___  __alr___  __bfh___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000045978	
SUFFIX		
RECON		
DATE BOARDED	20001031	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.