PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 March 2001
	DOCKET NUMBER:   AR2000049323

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		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 effect, that he be awarded the Purple Heart (PH) and the Combat Infantryman Badge (CIB).   

3.  The applicant states, in effect, that he was never given a PH for wounds he received in action, in Korea, for which he was hospitalized in Japan and he was never awarded the CIB.  He claims to be entitled to these awards and his medical records should confirm his entitlement. 

4.  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.  

5.  The available evidence or record does include a Department of Defense (DD)
Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which was issued to the applicant on 15 March 1954.  This document verifies that he entered the Regular Army on 16 March 1951 and served on active duty until being honorably discharged on 15 March 1954, in the rank of corporal (CPL).  It also shows that he served overseas for 2 years and 3 months and that he earned the National Defense Service Medal, Korean Service Medal with one bronze service star, United Nations Service Medal, and Army of Occupation Medal-Japan.  

6.  The DD Form 214 contains no reference to the applicant earning the CIB and there is no entry in block 25a (Specialty Number).  Conversely, block 12 
(Last Duty Assignment and Major Command) shows that his last assignment was with Battery C of the 459th Artillery Anti-Aircraft Battalion, a unit which would have been part of the Artillery branch of service.  Block 27 (Wounds received as a result of action with enemy forces) contains an entry that confirms he was wounded in action, in Korea, on 22 September 1951, by receiving a wound to his left hip.  

7.  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.  

8.  The regulation states, in pertinent part, that 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.  
9.  Chapter 4 prescribes the policy for award of the Army Good Conduct Medal (AGCM).  Paragraph 4-4, gives the specific criteria for approval of the AGCM.  It states, in pertinent part, that it is the immediate commander’s decision to award the AGCM based on his personal knowledge of the individual and on the individual’s official records.  It further states that the lack of official disqualifying comment by previous commanders allows that period of service to qualify for use in awarding the AGCM.  

10.  Paragraph 4-5 of the regulation defines periods of service which qualify for award of the AGCM.  It states, in pertinent part, that for the first award only, upon termination of service on or after 27 June 1950 a period of more than one year is a qualifying period for award of the AGCM.  The available evidence contains no indication that the applicant had committed any infractions that would have disqualified him from receiving the AGCM or that he was ever disqualified for the award by any of his immediate commanders.

11.  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 CIB.  Paragraph 8-6c contains the specific eligibility criteria for earning the CIB and states, in pertinent part, that 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.  

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was entitled to the CIB, but finds this claim lacks merit.  There is no available evidence that suggests he ever held an infantry military occupational specialty or that he served in an infantry unit.  Thus, the Board finds no basis for awarding him the CIB.

2.  However, the Board finds the applicant’s claim of entitlement to the PH is valid.  In addition, the Board finds that he is eligible to receive the AGCM, which he did not specifically request. 

3.  By regulation, in order to award a PH, it is necessary to establish that the wound required treatment by a medical officer and this treatment must have been made a matter of official record.  Although there are no available medical records to verify he was treated for his wound, the Board finds that the entry in block 
27 of his DD Form 214, which confirms he was wounded in action, on 
22 September 1951, in Korea, sufficiently satisfies the regulatory burden of proof.

4.  The available evidence shows that the applicant completed a total of 3 years
of honorable active military service, which more that satisfies the one year qualifying period of service criteria for the first award of the AGCM.  The available evidence contains no suggestion of a disciplinary history that would disqualify him from receiving the award.  Therefore, the Board concludes that it would be appropriate to award him the AGCM for his honorable active duty service from 
16 March 1951 to 15 March 1954.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the PH for wounds he received in action, on 22 September 1951, while serving as a CPL in Korea; by awarding him the AGCM based on his having completed more that one year of honorable active military service upon his separation on 15 March 1954; and by providing him a corrected separation document that reflects these changes. 

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

BOARD VOTE:  

__wdp___  __bjl____  ___rwa__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Roger W. Able______
		        CHAIRPERSON

INDEX

CASE ID	AR2000049323	
SUFFIX		
RECON		
DATE BOARDED	2001/03/08	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1954/03/15	
DISCHARGE AUTHORITY	AR 615-360 	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
2.  67	107.0020	
4.		
5.		
6.