RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  9 March 2004
	DOCKET NUMBER:  AR2003091821

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Shirley Powell		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests correction of his records to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states that his DD Form 214 shows no awards but he received those awards.

3.  The applicant provides a photograph and a DA Form 1577 (Authorization for Issuance of Awards).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error, which occurred on 13 July 1977.  The application submitted in this case is dated 19 June 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he enlisted for training as an artillery surveyor and entered active duty on 26 June 1975.  He completed training as an artillery surveyor and was assigned to Korea as an artillery surveyor.  He was promoted to the pay grade of E-4 effective 1 October 1976.  There is no evidence of record that the applicant was ever subjected to punishment under Article 15, Uniform Code of Military Justice.

4.  After returning from Korea the applicant was assigned to the hospital at Fort Bragg, North Carolina as a patient.  A 13 June 1977 Physical Evaluation Board (PEB) Proceedings states that the PEB found the applicant unfit with a rating of 30 percent for schizophrenia.  Effective 13 July 1977 he was separated from active duty and placed on the Temporary Disability Retired List (TDRL).  The applicant had no record of lost time during this period of service.  Effective 31 January 1981, he was removed from the TDRL and permanently retired in the pay grade of E-4 by reason of physical disability rated at 30 percent.

5.  The available medical records during his service in Korea make no mention of a wound or injury as a result of enemy action.  The applicant's records do not contain any orders for the Purple Heart or the CIB.  There is no evidence to show that he was ever trained as or served as an infantryman while in Korea.  His DD Form 214 (Report of Separation) does not list any awards for this period of service.

6.  The applicant provides a photograph that he contends shows him wearing the CIB except the CIB cannot be seen in the photograph.  He also provides a DA Form 1577 that shows he was approved by officials at the Army Reserve Personnel Center to have the Purple Heart (Code Number 14) and two marksmanship badges issued to him.  The original of the worksheet for the DA Form 1577 shows that the Good Conduct Medal (Code Number 15) was actually circled on the form in red ink but that the award code of 14 was typed on the form.

7.  The applicant's DA Form 20 (Personnel Qualification Record), in block 9 (Awards), lists only the Marksmanship Qualification Badge with rifle bar and the Sharpshooter Qualification Badge with hand grenade bar.

8.  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 medical treatment, and the medical treatment must have been made a matter of official record.

9.  The regulation also states that there are basically three requirements for award of the CIB.  The soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, 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.

10.  Army Regulation 600-8-22 provides that the 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  There is no credible evidence of record, or evidence provided by the applicant, to show that he was ever wounded as a result of enemy action and authorized an award of the Purple Heart or that he ever served in combat as an infantryman and was authorized an award of the CIB.

2.  The available records do show that the applicant satisfactorily completed a period of Federal military service without a record of indiscipline and should be awarded the Good Conduct Medal for the period 26 June 1975 through 13 July 1977.

3.  Additionally, his records show that he qualified for the awards of the Marksmanship Qualification Badge with rifle bar and the Sharpshooter Qualification Badge with hand grenade bar and they should be added to his authorized awards.

BOARD VOTE:

__sc___  ___be___  ___sp_____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his authorized awards as the Good Conduct Medal for the period 26 June 1975 through 13 July 1977, and the awards of the Marksmanship Qualification Badge with rifle bar and the Sharpshooter Qualification Badge with hand grenade bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart and the CIB.

		___Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2003091821	
SUFFIX		
RECON		
DATE BOARDED	20040309	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.