PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 April 2002
	DOCKET NUMBER:   AR2001065603

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 reflect his award of the Purple Heart and any other awards that he might be entitled to receive.

3.  The applicant states that he was awarded the Purple Heart for wounds received in Korea on 1 September 1951; however, it was not entered on his report of separation (DD Form 214) at the time he was released from active duty (REFRAD).  In support of his application he submits a copy of the Western Union telegram that was sent to his mother, informing her that he had been wounded in action.

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, information obtained from alternate sources show that he was inducted in Greenville, South Carolina on 28 September 1950.

5.  He completed his training as an infantryman, was transferred to Korea, was assigned to Company D, 634th Armored Infantry Battalion, and was advanced to the rank of corporal on 10 August 1951. 

6.  On 1 September 1951, he was wounded in action against the enemy.  His wounds were the result of a mine explosion and resulted in his being evacuated to Brooke Army Hospital, San Antonio, Texas for treatment. 

7.  On 28 June 1952, he was honorably REFRAD at Fort Hood, Texas and was transferred to the Enlisted Reserve Corps (now known as the USAR).  He had served 1 year, 9 months and 1 day of total active service and his DD Form 214 shows that he was awarded the Combat Infantryman Badge and the Korean Service Medal.  It also indicates that he had no wounds received as a result of action with enemy forces. 

8.  Army Regulation 600-8-22 provides the criteria for decorations and awards.  It provides, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive.  It also provides that the United Nations Service Medal (UNSM) is awarded automatically to personnel awarded the Korean Service Medal.

9.  That regulation also prescribes Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was wounded in action (WIA) on 1 September 1951.  Therefore it is reasonable to believe that he was awarded the Purple Heart and therefore the award and date he was WIA should be entered on his DD Form 214. 

2.  The applicant was also eligible for awards of the NDSM and UNSM.  Accordingly, it would be in the interest of justice to award them to him at this time.

3.  After carefully examining the available records, the Board has determined that the applicant should have received the AGCM for his service from 28 September 1950 through 28 June 1952.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, his advancement to the rank of corporal in 11 months, and the lack of any specific action or apparent attempt by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that  this error should be corrected and the applicant should receive the AGCM at this time.

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

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected:

a.  by showing that the individual concerned was WIA on 1 September 1951 and was awarded the Purple Heart; and

	b.  by awarding him the NDSM, the UNSM and the AGCM for the period of 28 September 1950 through 28 June 1952.

BOARD VOTE:  

___teo __  ___hof __  __ao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2001065603	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  102	107.0056/AGCM	
3.  115	107.0069/NDSM	
4.  131	107.0085/UNSM	
5.		
6.