PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 April 2000                  
	DOCKET NUMBER:   AR1999030839
				   AR2000038647	
			              AR2000038649
				   AR2000038943 	
 
	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Lester Echols		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 Army Commendation Medal, the Purple Heart, the Army of Occupation Medal with Germany Clasp, the Marksmanship Qualification Badge with Rifle Bar and the United Nations Service Medal.  He also requests, in effect, that items 3 (Grade) of his WD AGO Form 53 (Enlisted Record and Report of Separation) with an effective date of
30 September 1948 and WD AGO Form 100 (Separation Qualification Record) be corrected to show sergeant instead of corporal.

3.  The applicant provided four applications.  He states, in effect, that he is entitled to award of the Army Commendation Medal for rescuing two boys from possibly drowning in Korea in 1951.  He contends that although he was not injured by enemy fire he may be entitled to the Purple Heart for injuries he sustained to his front teeth as a result of a jeep accident in Korea in 1951.  He also contends that the Army of Occupation Medal, the Marksmanship Qualification Badge with Rifle Bar and the United Nations Service Medal are not shown on his military records. He goes on to state that his discharge document dated 30 September 1948 and his WD Form 100 (Separation Qualification Record) should show his rank as sergeant not corporal.  In support of his applications, he submits two letters of explanation, hospital and travel orders, Honorable Discharge Certificate dated 30 September 1948, a Certificate from the Infantry Replacement Training Center for Rifleman Training, three discharge documents, WD AGO From 100 (Separation Qualification Record), DA Form 1383 (Annual or Terminal Statement of Retirement Points) dated 13 March 1952, Certificate for the Military Police Enlisted Course, Honorable Discharge Certificate dated 7 October 1945, orders for award of the Good Conduct Medal dated 16 June 1948 and his Order to Report for Induction dated 12 September 1944.       

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted in the Army of the United States on 12 September 1944, honorably discharged on
7 October 1945 and enlisted in the Regular Army on 8 October 1945.  He served in the European Theater of Operations from 6 February 1945 to 5 November 1945, was honorably discharged on 30 September 1948 and transferred to the USAR.  The applicant was called from inactive duty on 19 October 1950, served in Korea and was honorably discharged in the grade of corporal on 7 September 1951.

5.  The applicant’s records contain 3 discharge documents dated 7 October 1945, 30 September 1948 and 7 September 1951, respectively.  The discharge documents do not show the Army Commendation Medal, the Purple Heart, the Army of Occupation Medal with Germany Clasp, the Marksmanship Qualification Badge with Rifle Bar or the United Nations Service Medal as authorized awards.  Items 3 (Grade) of his WD AGO Form 53 (Enlisted Record and Report of Separation) with an effective date of 30 September 1948 and WD AGO Form 100 (Separation Qualification Record) shows “Cpl” [corporal].  

6.  There is no evidence in the available records which shows the applicant was recommended for or awarded the Army Commendation Medal.  

7.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action while serving in Korea.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 7 September 1951 states “NONE”.

8.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II.  This document shows the unit to which the applicant was assigned, the 255th Infantry Regiment, received occupation credit for Germany for the period from 2 May to 18 September 1945.
 
9.  There is no evidence in the available records that the applicant was qualified for or awarded the Marksmanship Qualification Badge with Rifle Bar. 

10.  There is no evidence in the available records that the applicant was awarded the United Nations Service Medal; however, the applicant’s DD Form 214 with an effective date of 7 September 1951 shows he was awarded the Korean Service Medal with 3 bronze service stars.

11.  Item 3 (Grade) of the applicant’s WD AGO Form 53 with an effective date of 30 September 1948 shows “Cpl” [corporal].  Item 38 (Highest Grade Held) of the WD AGO Form 53 shows “Cpl”.  Item 3 (Grade) of the applicant’s WD AGO Form 100 (Separation Qualification Record) shows “Cpl”.

12.  The applicant provided a certificate of completion for the Military Police Enlisted Course, dated 14 May 1948, which shows his rank as sergeant.  The applicant also provided a copy of orders for the Good Conduct Medal, dated 
16 June 1948, which shows his rank as sergeant.

13.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) with an effective date of 7 October 1945 shows he was awarded the Combat Infantryman Badge during World War II.

14.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  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.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.  

17.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

18.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

19.  A review of the enlisted rank/pay grade structure of the Army between 1 July 1920 and 31 July 1948, shows that the grade 4 personnel carried the rank title of sergeant/technician four.  On 1 August 1948, the rank structure of the Army was changed and grade 4 personnel carried the rank of corporal.

20.  The purpose of the WD AGO Form 100 (Separation Qualification Record) was to assist World War II veterans in post-service employment, education, or any other endeavor by the service member.  The form was prepared based on service personnel records and personal interview for a very specific purpose and was not intended as a replacement or substitute for the official records of the individual’s service.  For these reasons, this form was prepared on a one-time basis and was not replaced or edited after the fact.

21.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1.  Although the applicant contends that he is entitled to award of the Army Commendation Medal, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded the Army Commendation Medal.  Therefore, he is not entitled to this award.    

2.  The Board noted the applicant’s contention that he may be entitled to the Purple Heart for injuries sustained as a result of a jeep accident in Korea in 1951. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

3.  Evidence of record shows the applicant’s unit received occupation credit for Germany for the period from 2 May to 18 September 1945 when he was assigned to that unit.  Therefore, he is entitled to correction of his military records to show award of the Army of Occupation Medal with Germany Clasp. 

4.  Notwithstanding the applicant’s contention that he is entitled to the Marksmanship Qualification Badge with Rifle Bar, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was qualified for or awarded the Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is not entitled to correction of his military records to show this badge.

5.  Evidence of record shows the applicant was awarded the Korean Service Medal; therefore, he is entitled to correction of his military records to show award of the United Nations Service Medal. 

6.  The Board noted the documentation provided by the applicant which shows his grade as sergeant on 16 June 1948.  However, effective 1 August 1948, the enlisted grade structure of the Army was changed and grade 4 personnel carried the rank of corporal, not sergeant.  Therefore, the applicant is not entitled to correction of his WD AGO Form 53 (Enlisted Record and Report of Separation) with an effective date of 30 September 1948 or his WD AGO Form 100 (Separation Qualification Record) to show the grade of sergeant.   

7.  Evidence of record shows the applicant was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).

8.  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:

	a.  by showing the entries “Army of Occupation Medal with Germany Clasp” and “Bronze Star Medal (based on award of the Combat Infantryman Badge)” on the WD AGO Form 53-55 with an effective date of 7 October 1945 of the individual concerned; and 

	b.  by showing the entry “United Nations Service Medal” on the DD Form 214 with an effective date of 7 September 1951 of the individual concerned. 

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

BOARD VOTE:  

RVO____  SK_____  LE ______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999030839
AR2000038647
AR2000038649
AR2000038943	
SUFFIX		
RECON		
DATE BOARDED	20000405	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19510907	
DISCHARGE AUTHORITY	AR 615-363-5  	
DISCHARGE REASON	Released to ERC	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0020	
2.	107.0060	
3.	102.0200	
4.	107.0085	
5.	107.0015	
6.	107.0110