PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           27 February 2001                  
	DOCKET NUMBER:  AR2000048040

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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 three separate applications and a congressional inquiry that he be awarded the National Defense Service Medal (NDSM), the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM) for Valor, and the Republic of Korea Presidential Unit Citation (RKPUC).

3.  The applicant states that he served as an infantryman engaged in ground combat against the enemy in an infantry unit which was awarded the RKPUC during a period which was authorized award of the NDSM.  He also states that a Chinese concussion grenade landed between him and his patrol leader.  He was throwing the grenade back at the Chinese when it exploded, resulting in the loss of all his fingers on his right hand.  Partially blinded by the explosion and severely wounded, he attempted to escape with the Chinese in hot pursuit.  He escaped capture by hiding under an eroded bank of a small stream.  Because his fellow squad members were killed or ended up missing in action, there wasn’t anyone to recommend him for any award for valor for his actions.

4.  The applicant’s military records show that he enlisted in the Regular Army on 20 May 1952, was promoted to pay grade E-2, and was assigned as a rifleman, military occupational specialty (MOS) 1745, to Company F, 32nd Infantry Regiment, then located in Korea.

5.  On 22 January 1953 the applicant was treated for wounds to his hand.  He was medically boarded and referred to a Physical Evaluation Board (PEB) which determined that the applicant was physically unfit due to loss of use of his right hand, secondary to a grenade wound sustained in combat in Korea when he attempted to throw back a Chinese grenade.  The PEB determined that the applicant was physically unfit and recommended that he be permanently retired due to physical unfitness, rated 70 percent disabled.

6.  That recommendation was approved and the applicant was honorably released from active duty on 31 August 1953 and placed on the retired list the following day.  His DD Form 214, Report of Separation from the Armed Forces of the United States, shows that he was awarded the Purple Heart, the Korean Service Medal with 1 Bronze Service Star, the United Nations Service Medal, and the Good Conduct Medal.

7.  Army Regulation 600-8-22, the Army Regulation which provides guidance on awards and decorations, states it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation into military command channels for consideration within 2 years of the act, achievement, or service to be honored.  The Army does not condone self-recognition; therefore, a soldier may not recommend himself/herself for award of a decoration.

8.  This regulation also provides that the BSM is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  The "V" device denotes participation in acts of heroism involving conflict with an armed enemy and when awarded with the BSM denotes the award was made for heroism as opposed to service.

9.  The same regulation also provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

10.  The awards regulation also provides that the NDSM is awarded to soldiers who performed honorable active service for any period between 27 June1950 and 27 July 1954.

11.  DA Pamphlet 672-1 states that the RKPUC was awarded to the 32nd Regiment, 7th Infantry Division, for the period 30 September 1950 through 27 July 1953.

CONCLUSIONS:

1.  The applicant honorably served on active duty during the time prescribed to be awarded the NDSM.

2.  He was awarded an infantry MOS, served in an infantry company during active ground combat during the Korean War and received the Purple Heart for injuries suffered while with the infantry unit.  As such, he is entitled to the CIB.

3.  The Board has carefully considered that portion of the applicant’s request as pertains to the award of the BSM and has concluded that without eye-witness statements to verify exactly what happened it would be inappropriate to award the applicant a valorous decoration.  While it is unfortunate that there was nobody left alive who could recommend him for the BSM, such acts of heroism are frequently lost in the heat of combat. 

4.  As for the RKPUC, the applicant served in the 32nd Regiment, 7th Infantry Division at the time the Regiment was awarded that decoration. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all Department of the Army records related to this case be corrected by awarding to the individual concerned the NDSM, the CIB, and the RKPUC.

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

BOARD VOTE:  

___jns __  ____rwa_  ____mhm  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2000048040	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010227	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.