PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 May 2000                   
	DOCKET NUMBER:   AR1999031112

	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.  

	Mrs. Nancy Amos		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 the Silver Star, the Combat Infantryman Badge (CIB), and the Purple Heart with 1st oak leaf cluster be added to his DD Form 214, Report of Separation.

3.  The applicant states that his DD Form 214 has his one Purple Heart listed but not all his awards.  He provides a copy of his CIB orders, his DD Form 214, and his VA claim as supporting evidence.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center Fire in 1973.  The information contained herein was obtained from documents provided by the applicant and reconstructed records.

5.  The applicant was inducted into the Army on 14 August 1952.  He was assigned to Korea on an unknown date.  Special Orders 49, 9th Infantry Regiment dated 1 March 1953 show he was awarded the CIB.  (Although his   DD Form 214 shows his branch as Transportation Corps, his Hospitalization Report shows his branch as Infantry.)  The Surgeon General’s Office Hospital Admission Cards show the applicant was wounded in March 1953 with a penetrating missile wound to the elbow.  There is no evidence of record to show he was wounded or hospitalized on any other occasion.  (His VA claim states he was wounded with shrapnel from a mortar round in 1953 and he “still has metal fragments in his left arm and back.”)  He was released from active duty on        26 May 1954, in the rank of corporal (temporary) after completing 1 year,            9 months and 13 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded one award of the Purple Heart.

6.  The U. S. Total Army Personnel Command (PERSCOM), Awards Branch could find no record in the files of the 9th Infantry Regiment of the Silver Star being awarded to the applicant.

7.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  It states that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.   It states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  It states that the CIB is awarded to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.
8.  The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the CIB (and there is some evidence of record to show he was an infantryman).

2.  Although the applicant’s conduct and efficiency ratings cannot be determined, the Board notes that he served honorably in combat, was wounded in action, had been advanced to the rank of corporal and had no lost time at the time of his separation.  The Board therefore concludes that he met the eligibility criteria for award of the Army Good Conduct Medal 

3.  There is no evidence of record to show that the applicant was wounded twice. His VA claim form is insufficient evidence to show that the wound indicated on it is not the same wound for which he was hospitalized in March 1953.

4.  There is no evidence of record to show the applicant was awarded the Silver Star.  If he feels that he should have been awarded the Silver Star (or that he was recommended for the award and the recommendation may have been lost), a reconstructed award recommendation must be prepared.  DA Form 638 (Recommendation for Award) must be completed with information pertaining to him and his unit of assignment during the period(s) for which he is being recognized.  A narrative of the action(s) for which he is being recognized is required.  Finally, it is important that the recommendation be accompanied by eyewitness statements attesting to the act(s) of valor performed, sworn affidavits, certificates and any other related documentation.  The request, which should be mailed to Commander, United States Army Personnel Command, ATTN:  TAPC-PDA, 200 Stovall Street, Suite 7S07, Alexandria, VA  22332-0471, will be considered only if it has been referred to the Secretary of the Army by a Member of Congress.

5.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the Army Good Conduct Medal for the period 14 August 1952 through 26 May 1954 to the applicant.

2.  That the Army Good Conduct Medal and the Combat Infantryman Badge be added to the applicant’s DD Form 214.

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

BOARD VOTE:  

__lls___  __jps___  __cjs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Luther L. Santiful
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031112	
SUFFIX		
RECON		
DATE BOARDED	20000504	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.	107.0056	
3.	107.0111	
4.		
5.		
6.