MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 March 2002                   
	DOCKET NUMBER:   AR2001059602

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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:  That he be awarded the Combat Engineer Badge and the Purple Heart.

APPLICANT STATES:  That he was assigned to a combat engineer battalion in Korea and should have been awarded the Combat Engineer Badge.  He was assigned to the 3d Platoon, Company A, 578th (Combat) Engineers, 40th Infantry Division as a demolition specialist.  On 21 June 1953, his demolition team received orders to clear a path in front of Company B so barbed wire could be strung out.  They started after dawn, their job being to disarm hand grenades and other mined booby traps.  About 8:30 a. m., there was an explosion.  A grenade had slipped out of Sergeant C___’s hand.  They continued working, probing the ground, and he looked up and Sergeant C___ was about 15 feet in front of him and to his left.  He looked down again and there was a terrific explosion.  Fragments hit his chest and legs.  Sergeant C___ was severely injured, both his legs were about gone.  His chest and legs were hurting and he had ringing sounds in his head.  His vest saved him but he had pieces of stuff in his right leg that a medic picked out and then bandaged him.  Sergeant C___ later died.   He provides a statement from the third man on that detail.  The third man supports the applicant’s claim that on 21 June 1953 he, Sergeant C___, and the applicant were clearing a path by removing anti-personnel mines planted by the North Korean and Chinese retreating armies.  They arrived before dawn.  He did not have a watch but he believes that sometime between 8:00 and 10:00 a. m. Sergeant C___ told them to be careful.  Only seconds later he heard the tremendous explosion that resulted in Sergeant C___’s injuries.  Later that day, the applicant showed him that he had been hit by small pieces of shrapnel and told him that a medic had treated him.  He noticed that the applicant had difficulty hearing.  

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

The applicant entered active duty on 25 February 1951.  He served 1 year and          2 days overseas.  He separated on 3 March 1954.  His Report of Separation,        DD Form 214, shows his most significant duty assignment as Company A, 578th Engineer Combat Battalion.  

Army Regulation 600-8-22 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 by a medical officer, and the medical treatment must have been made a matter of official record.  The regulation does not list a Combat Engineer Badge as an authorized award or decoration.

In the processing of this case, the historical records of Company A, 578th Engineer Combat Battalion, 40th Infantry Division at the National Archives, College Park, MD were reviewed.  The Battalion’s Command Report for the month of June 1953, dated 10 July 1953, to The Adjutant General indicated there had been 17 non-battle casualties and two battle casualties and that 15 awards and decorations had been presented to include two Purple Hearts.  The Battalion’s Command Report, intelligence and reconnaissance activities, dated 30 June 1953, to the Commanding Officer, 578th Engineer (Combat) Battalion indicated that on 12 June 1953 at 6:00   a. m. one man sustained fatal injuries from a Chinese concussion grenade set up as an anti-personnel mine.  The man was a member of a three-man detail from Company A clearing safe lanes for installation of protective wire.  There is no note anywhere in this report of a second man being injured during this incident or of any casualties occurring on 21 June 1953.

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.  A “Combat Engineer Badge” was not and is not currently an authorized award or decoration.  

2.  The Board appreciates the applicant’s performance of hazardous duties during his service in Korea but the incident he cites as meeting the eligibility requirement for award of the Purple Heart is not substantiated by unit historical files.  Therefore, there is insufficient evidence to merit granting the award of the Purple Heart.

3.  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

__FNE___  __LE____  __TL____  DENY APPLICATION

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

INDEX

CASE ID	AR2001059602	
SUFFIX		
RECON		
DATE BOARDED	20020328	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.15	
2.		
3.		
4.		
5.		
6.