PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           20 December 2001                   
	DOCKET NUMBER:   AR2001060576

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Lester Echols		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 that his records be corrected to show the Combat Infantryman Badge (CIB), Purple Heart (PH) and other medals he is entitled to that are not listed on his DD Form 214 (Separation Report).

3.  The applicant states he was in five battles, and he wants these medals for his grandchildren to keep.

4.  The applicant’s military records show that he enlisted in the Army on 12 July 1948.  He completed his required training and was awarded military occupational specialty (MOS) 4345 (Light Vehicle Driver).  On 22 March 1951, his MOS was changed to 3729 (Combat Construction Specialist).

5.  During the periods 2 November 1948 through 9 July 1950 and 10 July 1950 through 10 June 1951, he served in Japan and Korea, respectively. 

6.  On 6 January 1949, in a letter to the applicant’s unit commander, the Office of the Registrar, 49th General Hospital indicated the applicant had been admitted on 3 January 1949 with a diagnosis of “Fatigue fracture, 2nd metarsal, left leg.”  The letter further indicated the injury had been “Incurred 1730 hours, 23 December 1948, when patient after returning from a 6 mile hike, noticed his swollen ankle, Tokyo, Honshu, Japan.”

7.  Paragraph 1, Special Orders 168, 27 Infantry, dated 19 July 1950 awarded the applicant the CIB.

8.  Documentation from the Office of The Surgeon General indicates the applicant was admitted to a medical treatment facility for treatment of infectious hepatitis on 8 January 1951. The applicant was released to duty in March 1951, after 53 days hospitalization. 

9.  Section 24 (Indorsements) of the applicant’s WD AGO Form 24A (Service Record) indicate he was recommended for award of the Good Conduct Medal (GCMDL).

10.  On 14 April 1952, he was honorably separated under Army Regulation 615-365, based on the expiration of his term of service.  His separation document indicates he had 3 years, 10 months and 1 day of creditable service and 2 days of lost time.  There is nothing in the record to verify when the 2 days of absent without leave occurred or any disciplinary action that might have been taken.  He was entitled to award of the Army of Occupation Medal (Japan) (AOM (J)), the Korean Service Medal (KSM) with 5 bronze service stars, and the Republic of Korea Presidential Unit Citation (ROK PUC). 

11.  On 14 January 1958, in response to the applicant’s 12 December 1957 inquiry, the Commander, Military Personnel Records Center advised the applicant that he was authorized the following awards: The GCMDL, the Distinguished Unit Emblem (DUE) (The DUE evolved into the Presidential Unit Emblem (PUE) and further into the Presidential Unit Citation (PUC)) with one bronze oak leaf cluster, the AOM (J), the KSM with 1 silver service star, the National Defense Service Medal (NDSM), the CIB, the United Nations Service Medal (UNSM), and the ROK PUC.

12.  On 5 April 2000, the National Personnel Records Center completed a DA Form 1577 (Authorization for Issuance of Awards) to the applicant for the GCMDL, the PUE and eventually the PUC, the AOM (J), the NDSM, the KSM, the CIB, and the UNSM.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH 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.  The evidence of record shows the applicant is entitled to award of the GCMDL for the period 12 July 1948 to 11 July 1951; the PUC (formerly known as the PUE) with 1 bronze oak leaf cluster; the NDSM; the CIB; and the UNSM and his records should be corrected accordingly.

2.  There is no evidence in the available records that the applicant was wounded as a result of hostile action; therefore, he is not entitled to award of the PH.

3.  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 showing the individual concerned was awarded the GCMDL for the period 12 July 1948 to 11 July 1951; the Presidential Unit Citation with 1 bronze oak leaf cluster; the NDSM; the CIB; and the UNSM.

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

BOARD VOTE:  

_jns____  _le_____  _tbr____    GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060576	
SUFFIX		
RECON		
DATE BOARDED	20011220	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.