PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            5 September 2002                  
	DOCKET NUMBER:   AR2002071653

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 Purple Heart.  The applicant submits no statement in his own behalf or supporting documentation with his application.

3.  The applicant’s military records and information obtained from the Office of The Surgeon General (OTSG) hospital admission cards show he was enlisted in the Regular Army, as a private, pay grade E-1, on 15 February 1950.

4.  OTSG hospital admission cards for the years 1950 to 1954 show that while serving in Korea he was treated on 18 September and 29 November 1950 and 24 January 1951 for wounds and injuries received in combat.  The hospital admission cards also show he was evacuated to the United States for medical separation from the service.

5.  In March 1951, Disposition Board Proceedings considered clinical records, laboratory findings and physical examination of the following conditions: absence acquired, right leg, surgical amputation through tibia and fibula, performed on 4 February 1951, incurred by enemy shell fragments, 23 January 1951, in Korea. The applicant was found not fit for any military duty and it was recommended that his case go before a Physical Evaluation Board (PEB).

6.  On 27 May 1952, he underwent a PEB.  He was found physically unfit with a final rating of 40 percent.

7.  He was honorably discharged for permanent physical disability on 30 June 1952.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was awarded the United Nations Service Medal and Korean Service Medal.

8.  Item 29 of his DD Form 214, Wounds Received as a Result of Action with Enemy Forces shows “Hammon, Korea, 15 Sep 50; North Korea, 30 Nov 50; Suwon, Korea, 23 Jan 51.”

9.  Orders dated 2 July 1952, show he was awarded the Purple Heart for wounds received as a result of enemy action on 23 January 1951 in Korea.

10.  Orders dated 31 December 1952, show the applicant was awarded the Combat Infantryman Badge for satisfactory performance of duty in ground combat against the enemy while serving with the 24th Infantry Regiment, effective 1 September 1950.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or 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.

12.  OTSG Files, a health record research project, commonly referred to as the "SGO (Surgeon General Office) Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veterans service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  

13.  Paragraph 8-6 of this regulation 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 or special forces specialty, and satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. 

CONCLUSIONS:

1.  The applicant is entitled to three awards of the Purple Heart and correction to his DD Form 214 dated 30 June 1952 to show three awards of the Purple Heart for wounds and injury received as a result of combat.  

2.  This supported by OTSG hospital admission cards.

3.  While the Board notes small differences in the dates listed on the OTSG hospital admission cards and the DD Form 214, it is concluded that the DD Form 214 shows the correct date of casualties. 

4.  The applicant is also entitled to correction to his DD Form 214 to show award of the Combat Infantryman Badge for his service in combat in Korea.

5.  His records show he received these awards and they were erroneously omitted from his DD Form 214.

6.  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 awarding the Combat Infantryman Badge for combat service in Korea on 1 September 1950;

b.  by awarding two additional awards of the Purple Heart for wounds and injuries received in combat in Korea on 15 September and 29 November 1950; 

c.  by showing on the DD Form 214 dated 30 June 1952 of individual concerned, three awards of the Purple Heart and the Combat infantryman Badge; and

d.  by issuance of these awards to the applicant.

BOARD VOTE:  

_mhm_  _jtm____  _cla____        GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Celia L. Adolphi
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002071653	
SUFFIX		
RECON		
DATE BOARDED	20020905	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.15	
2.	107.70	
3.		
4.		
5.		
6.