PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            27 March 2001                  
	DOCKET NUMBER:   AR2000050726

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Gail J. Wire 		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, award of the Combat Infantryman Badge, the Purple Heart and any awards or decorations to which he may be entitled.

3.  The applicant states that his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show the Combat Infantryman Badge.  He contends that he spent nine months at the front during the Korean War and that he was wounded once while there in 1952.  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
27 June 1951, served in Korea and was honorably discharged on 26 March 1953.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge or the Purple Heart as authorized awards.  

6.  Item 4 (Component and Branch or Class) on the applicant’s DD Form 214 shows that he served in the infantry branch.  However, the entry “NA” [not applicable] is shown in item 5 (Qualifications/Specialty Number or Symbol) on the DD Form 214 and item 28 (Most Significant Duty Assignment) shows the entry “1745 DET [Detachment] 4G 1277th ASU” [Army Service Unit].  
 
7.  There are no orders for award of the Combat Infantryman Badge in the available records.

8.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 states “NONE”.

9.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  

10.  DA Form 1577 (Authorization for Issuance of Awards), dated 16 March 1993, shows that the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the Good Conduct Medal and the National Defense Service Medal.  These awards are not shown on the applicant’s discharge document.

11.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  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, in a unit actively engaged in ground combat with the enemy.

12.  Army Regulation 600-8-22 (Military Awards) 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.

CONCLUSIONS:

1.  Although the applicant contends that he is entitled to award of the Combat Infantryman Badge, there is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge.  Evidence of record does show that he served in the infantry branch during his assignment in Korea.  However, there is no evidence that the applicant was awarded an infantry military occupational specialty or that he served in ground combat in Korea.  Therefore, the applicant was not eligible for award of the Combat Infantryman Badge at the time of his service in Korea and there is no basis for award of the Combat Infantryman Badge to him now.  

2.  The Board considered the applicant’s contention that he was wounded in Korea in 1952.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or treated for wounds as a result of hostile action in Korea.

3.  The preponderance of evidence in this case shows he was not wounded or otherwise entitled to the Purple Heart during his service in the Korean War.  Therefore, the applicant is not entitled to correction of his military records to show this award.

4.  The applicant was awarded the Good Conduct Medal and the National Defense Service Medal.  Therefore, he is entitled to correction of his military records 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 that the individual concerned was awarded the Good Conduct Medal and the National Defense Service Medal.

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

BOARD VOTE:  

RWA___  ALR_____  GJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Roger W. Able_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000050726	
SUFFIX		
RECON		
DATE BOARDED	20010327	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530326	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0015	
3.	107.0056	
4.	107.0069	
5.		
6.