PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            27 March 2001
	DOCKET NUMBER:   AR2001053239

	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. Hubert Shaw, Jr.		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 reconsideration of his application for award of the Purple Heart and the Combat Infantryman Badge.

3.  The applicant states, in effect, that the three “Buddy Letters” provided with his application support his claim for the Purple Heart and the Combat Infantryman Badge.

4.  The Memorandum of Consideration (Docket Number AR2000050223) reflecting the Board’s 13 February 2001 review of the applicant’s request is incorporated herein by reference as if wholly set forth.

5.  The applicant submits three eyewitness statements from fellow soldiers.  One eyewitness statement, dated 5 May 1997, attests that he was held captive as a prisoner of war with the applicant and that the applicant “had a leg wound”.  Another eyewitness statement, dated 19 April 1997, indicates that he served with the applicant in Korea from 1950 to 1953 in M Company, 38th Infantry of the 
2nd Infantry Division.  He also states that in September 1950 they “got” the Combat Infantryman Badge and that on 30 November 1950 the applicant “got hit in the leg” during combat.  An undated eyewitness statement states that he served with the applicant in Korea and was held captive as a prisoner of war with the applicant.  He also states that the applicant was wounded on his left leg between the ankle and the knee and that he is entitled to the Combat Infantryman Badge. 

6.  These statements were not previously available to the Board and constitute new evidence that requires Board review.

CONCLUSIONS:

1. The applicant signed his DD Form 214 attesting to the fact he was not entitled to award of the Purple Heart and that he did not sustain wounds as a result of hostile action.

2.  There is no evidence from personnel or medical records available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea.  

3.  The Board considered the three eyewitness statements submitted on behalf of the applicant which indicated that he had a leg injury or leg wound.  However these statements are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded and was not entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart. 

4.  Records show the applicant served in the Regular Army in the Infantry Branch, that he was assigned to Company M, 38th Infantry Regiment of the 2nd Infantry Division during the Korean War, and that he was a prisoner of war from 2 December 1950 to 27 August 1953.  An eyewitness statement attests to the fact the applicant was awarded the Combat Infantryman Badge in September 1950.  In view of all these facts, the Board finds that the available records in conjunction with this particular eyewitness statement are sufficient as a basis for award of the Combat Infantryman Badge.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

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 Combat Infantryman Badge.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001053239	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010327	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER 	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.