PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 4 August 1999
	DOCKET NUMBER:        AR1999018312

	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. Loren G. Harrell		Director	
	Ms. Joyce A. Wright.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		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, that his DD 214 (Report of Separation from the Armed Forces of the United States) be corrected to show that he was awarded the Purple Heart and Combat Infantryman Badge (CIB).

3.  The applicant states that he wounded in action in April 1951 and was awarded the Combat Infantryman Badge while in a field hospital.  He also states that the Purple Heart and the CIB are not shown on his DD Form 214.  In support of his application he submits a copy of WD AGO Form 8-27 (Field Medical Card).

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 21 July 1950 in the field artillery branch.  He served in Korea and was honorably discharged on 28 July 1953.

5.  The applicant’s DD Form 214 shows he was awarded the Korean Service Medal with one bronze service star.  His discharge document does not show the Purple Heart and CIB as authorized awards.

6.  A WGO Form 8-27 prepared on the applicant at the Tokyo Army Hospital on 10 May 1951 shows the entry WIA (Wound in Action): “22 April, 1800hrs, near Chudong, Korea, by enemy artillery fire”.  The field medical card was signed by a medical officer.

7.  There is no indication in the applicant’s personnel records that show he was awarded an infantry military occupational specialty (MOS), that he served in an infantry duty position or that he was awarded the CIB.  Records show the applicant served in the field artillery branch while serving in Korea.

8.  The Board notes that the applicant is entitled to the first award of the Good Conduct Medal for the period 21 July 1950 to 20 July 1953, which is not shown on his discharge document.

9.  There is no indication in the applicant’s personnel records that show he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.
However, his records show that he received excellent conduct and efficiency rating during his entire period of service.  There is no evidence of derogatory information contained in the available records.

10.  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 treatment, and the medical treatment must have been made a matter of official record.
11.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB. 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 be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

12.  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.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was wounded as a result of hostile action while serving in Korea on 22 April 1951.  Therefore, he is entitled 
to correction of his records to show the Purple Heart.

2.  Evidence of record shows that the applicant served in the field artillery branch 
while serving in Korea.  Therefore, he is not eligible for award of the CIB.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 21 July 1950 to 20 July 1953 based on completion of three years of 
qualifying service.  Therefore, he is entitled to correction of his records to show this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate
to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing in item 27 (Decorations and Awards) of his DD Form 214
that he was awarded the Purple Heart for wounds received in action on 22 April 1951 while serving in Korea and the first award of the Good Conduct Medal for the period 21 July 1950 to 20 July 1953.

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

BOARD VOTE:  

FKM____  INW____  GDP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred K. McCoy_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999018312	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990804	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19530728	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60		
2.  157		
3.		
4.		
5.		
6.