MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 January 2001
	DOCKET NUMBER:   AR2000046807

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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:  In effect, that he be awarded the Purple Heart (PH)  and the Combat Infantryman Badge (CIB).

APPLICANT STATES:  In effect, that he received the PH but never any documentation showing his eligibility for the award and he believes he is entitled to receive a Combat Action Ribbon, which is in effect the Marine Corps counterpart award for the Army CIB.  He also claims he received a wound to the left knee from enemy fire and also to have received a stab wound to the side at Inchon Korea.  He contends he deserves the award and needs the information to update his Eagle Staff.  

EVIDENCE OF RECORD:  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

The available evidence does include a Department of Defense (DD) Form 
214 (Report of Separation From the Armed Forces of the United States), which was authenticated by the applicant with his signature and issued to him on  the date of his separation.  This document verifies that he entered active duty as a National Guardsman on 1 September 1950 and served in that status until being honorably separated on 8 April 1952.

The separation document also shows that the applicant was assigned to the Artillery branch while on active duty and that he served overseas for 11 months and 19 days.  It further indicates that he earned the Korean Service Medal with two bronze service stars.  However, the separation document also contains a “None” entry in block 29 (wounds received as a result of action with enemy forces), which would indicate he was not wounded during that period of service. 

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member of an Armed Force who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed in action.  

The regulation defines a wound as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

Chapter 8, Section-II (Combat and Special Skill Badges) contains guidance on the award of combat badges.  Paragraph 8-6 contains the policy and procedure pertaining to the award of the Combat Infantryman Badge (CIB).  Paragraph 8-6c contains the specific eligibility criteria for earning the CIB.  The basic qualifications for earning the CIB are that a member be an infantryman, assigned to an infantry unit, and that he 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.  It also allows, in pertinent part, that the infantry specialty does not necessarily have to be the soldier's primary specialty, as long as the soldier has been properly trained in infantry tactics, possesses the appropriate skill code, and is serving in that specialty when engaged in active ground combat as described above.  

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.  Notwithstanding the contentions of the applicant, the Board concludes, after carefully examining the available evidence of record and the independent evidence submitted by the applicant, that there is an insufficient evidentiary basis on which to grant the requested relief.

2.  The available evidence contains no information to support the applicant’s  claim of entitlement to the PH.  There are no medical records available that verify that he was treated for a wound by a medical officer or that this treatment was made a matter of official record.  

3.  Further, there is no indication that the applicant ever raised the PH issue subsequent to the date he claims to have been wounded or at his separation when he was issued and signed a DD Form 214 that did not list the PH as an earned award and contained an entry in block 29 that indicated that he had not been wounded in action during that period of service. 

4.  By regulation, in order to earn a CIB a member must be an infantryman, assigned to an infantry unit, and must have been 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.  It is clear the applicant served in the artillery branch while on active duty during the Korean Conflict and does not meet this regulatory criteria for entitlement to the CIB.  Therefore, the Board concludes he is not entitled to receive the CIB. 

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

__wtm___  __ls ____  ___teo __  DENY APPLICATION

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

INDEX

CASE ID	AR2000046807	
SUFFIX		
RECON		
DATE BOARDED	2001/01/23	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1952/04/08	
DISCHARGE AUTHORITY	DA Bulletin 21, 1951	
DISCHARGE REASON	Release from AD & Rtn to NG	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.  157	107.0111	
3.		
4.		
5.		
6.