PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           4 May 2000                     
	DOCKET NUMBER:   AR1999030387

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. James P. Stueve		Member	
	Ms. Carol Jo Suiter 		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 DD Form 214 be corrected to show that he received the Combat Infantryman Badge, that he be awarded the Good Conduct Medal, two awards of the Purple Heart, and credit for participation in seven campaigns during the Korean War.  Note:  Counsel did not respond to notification that the applicant’s records were available for review.

3.  The applicant states that his DD Form 214 shows a typographical error in that the initials “SIB” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) should be “CIB” (Combat Infantryman Badge).  He states that he was unaware of having one day of lost time (which may have disqualified him for award of the Good Conduct Medal) and provides a one page statement of the circumstances which led to being charged with one day of lost time.

4.  The applicant also provides a narrative in which he describes the circumstances leading to his being wounded, first in the hand on or about       April 1951, and then again in the face as a result of concussion from a land mine, in the spring/summer of 1951, while assigned to a reconnaissance company of the 3d Infantry Division.  

5.  The applicant also states that his first tour of duty in Korea was from the end of February 1951 to January 1952, and his second tour from October/November of 1952 until June of 1953, entitling him to the Korean Service Medal with            1 silver service star (indicating participation in five campaigns), and two bronze service stars (indicating participation in two more campaigns), instead of the six bronze service stars shown on his DD Form 214. 

6.  The applicant's military records may have been lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.  

7.  The applicant’s DD Form 214 shows that he enlisted in the Army for three years on 28 July 1950, had 1 year, 7 months, and 20 days of foreign service, and was awarded the Korean Service Medal with 6 bronze service stars, the “SIB”, and the United Nations Service Medal.  His most significant duty assignment was with Company H, 279th Infantry.  He was released from active duty with an Honorable characterization of service on 28 July 1953.  His rank at the time of his separation was Sergeant and his branch was indicated as Infantry.  He had         3 years of service and one day of lost time.  

8.  A 23 February 1999 VA rating decision shows that the applicant was awarded a 10 percent service connected disability rating for posttraumatic stress disorder (PTSD), a 30 percent rating for residuals of frostbite to his right foot, and a 30 percent rating for residuals of frostbite to his left foot.  A 0 percent rating for residuals of laceration to his left lower lip, was continued.  Service connection for other conditions, to include residuals of head injury, bilateral hearing loss, and residuals of a left hand injury, was denied.

9.  DA Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the 279th Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for actions during the period 10 December 1951 to     31 July 1953.

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.  

11.  The aforementioned regulation also provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.   

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 accepts the applicant’s contention that the initials “SIB” on his DD Form 214 was a typographical error.  The evidence shows that the applicant’s branch was infantry, and that he was assigned to an infantry company during the Korean War, and that his unit, the 279th Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for actions during his assignment to that regiment.  His DD Form 214 should be corrected to show that he was awarded the Combat Infantryman Badge, and by virtue of his assignment to the 279th Infantry Regiment, the Republic of Korea Presidential Unit Citation.   

2.  The applicant served his country honorably and faithfully as evidenced by his participation in six campaigns during the Korean War, his advancement to the rank of Sergeant, and his honorable separation from the Army.  He is entitled to award of the Army Good Conduct Medal.

3.  The applicant’s record shows that he had almost twenty months of foreign service, and notwithstanding the information he has provided, the dates of his service in Korea cannot be verified, nor is there evidence to show his assignment with a reconnaissance company of the 3d Infantry Division.  Consequently, he cannot be credited with participation in seven campaigns during the Korean War.    
5.  There is no evidence, nor information, other than the applicant’s narrative to show that he was wounded in action during the Korean War.  Consequently, he is not entitled to award of the Purple Heart.    

6.  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 showing that the applicant was awarded the Combat Infantryman Badge, the Republic of Korea Presidential Unit Citation, and the Army Good Conduct Medal. 

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

BOARD VOTE:  

___cjs__  ___jps___  ___lls___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030387	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000504	
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.  46	107.00	
2.		
3.		
4.		
5.		
6.