PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           14 NOVEMBER 2002                   
	DOCKET NUMBER:   AR2002071840

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 award of the Purple Heart.

3.  The applicant states that he was wounded in action either in August or September 1951 during the Korean War.  He was wounded in the foot and back by shrapnel from a grenade.  He states that his grandchildren are interested in his military history.  He should have received the Purple Heart many years ago.
The applicant submits with his request a copy of his DD Form 214 (Report of Separation), a copy of a DA Form 493 (Separation Qualification Record), and a copy of a 15 November 1988 statement from a former comrade. 
 
4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the applicant and from reconstructed personnel records.

5.  The applicant’s DD Form 214 shows that he entered on active duty on          16 March 1951, that he had 1 year, 5 months, and 8 days of foreign service, and that his most significant assignment was with Company I, 7th Cavalry Regiment.  He was awarded the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Combat Infantryman Badge, and the Army Occupation Medal (Japan).  His DD Form 214 does not indicate award of the Purple Heart.  The word, “None” is typed in Item 29 of that form (Wounds Received as a Result of Action with Enemy Forces).  The 7th Cavalry Regiment was awarded the Bravery Gold Medal of Greece for its actions during the time the applicant was assigned to that organization.  The applicant was released from active duty on 6 March 1953. 

6.  In a 15 November 1988 statement a former comrade stated that he had known the applicant since 1951.  They received basic training together, and were shipped to Tokyo, Japan, around May 1951, and assigned to the 40th Infantry Division.  He stated that when they embarked at Inchon, they were assigned to a rifle company, of the 3d Battalion, 7th Cavalry Regiment of the 1st Cavalry Division.  He and the applicant were both in the 2nd Squad of the 1st Platoon in approximately June 1951, and were never separated.  About the last of August or the first of September in 1951, their company attacked Hill 200, took the hill and were clearing up, when a grenade hit close by, wounding the applicant in one foot and in the back.  Although the applicant could still walk, he was helping him back to the medic; however, the sergeant said that he needed him [the former comrade] and told the applicant to take a prisoner back with him that they had captured.

7.  In response to an inquiry from a Member of Congress concerning the applicant’s injury, on 5 March 1990, the National Personnel Records Center stated that a search of the morning reports and sick reports of Company I,        3d Battalion, 7th Cavalry, for the period 1 June 1951 through 15 September 1951 produced no entries concerning the applicant.  The rosters of Company I, which were available for January and July of each year, were also searched.  The applicant’s name did not appear on the July 1951 roster, but did appear on the January 1952 roster.  

8.  In October of this year the historical files of Company I, 7th Cavalry Regiment were viewed at the National Archives.  Those files did not indicate that the applicant was awarded the Purple Heart.

9.  There is no evidence to indicate that the applicant received any treatment by the VA after his release from active duty in 1951.  Evidence of any such treatment for injuries to his foot or back would strengthen the applicant’s contention that he was wounded in action, in which case he could ask for reconsideration of his request for award of the Purple Heart.

10.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

11.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

12.  Army Regulation 600-8-22 provides 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, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The Board does not discount the information provided by the applicant and his former comrade.  Nonetheless, there is insufficient evidence to show that the applicant was wounded in action.  His DD Form 214 does not reflect that he was wounded.  Searches conducted of his unit’s morning reports and historical records do not show that he was wounded in action.  There is insufficient evidence to grant the applicant’s request for award of the Purple Heart.

2.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal for the period 16 March 1951 through   6 March 1953.

3.  The applicant is entitled to award of the National Defense Service Medal and the Bravery Gold Medal of Greece.

4.  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 awarding the individual concerned the Army Good Conduct Medal, the National Defense Service Medal and the Bravery Gold Medal of Greece.
 
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__AAO__  __JPI ___  __RKS __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2002071840	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021114	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.