PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 April 2002
	DOCKET NUMBER:   AR2001066016

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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 military records be corrected show award of the Purple Heart (PH) and the Combat Infantryman Badge (CIB). 

3.  The applicant states, in effect, that his separation document (DD Form 214), dated 9 December 1951, confirms that he was wounded in action in Korea on 
29 August 1950, when he received a shrapnel wound to the right leg.  However, he was never awarded the PH for this injury.  In support of his application, he submits the following documents:  two separation documents (DD Form 214), dated 15 September 1953 and 9 December 1951; a Western Union Telegram, dated 10 September 1950; a Department of Veterans Affairs (VA) disability claim letter, dated 30 December 1953; and a newspaper article extract that reports he was wounded in action in Korea. 

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s DD Form 214, dated 9 December 1951.

5.  The DD Form 214 issued to the applicant on the date of his separation confirms that he entered the Army on 27 October 1948, and that he continuously served on active duty for 3 years, 1 month, and 13 days until being honorably separated on 9 December 1951, in the rank of sergeant first class (SFC).  In addition, it verifies that the applicant was trained and served in military occupational specialty (MOS) 1733 (37 MM Gunner Scout Crewman).  

6.  The DD Form 214, dated 9 December 1951, also verifies that during his active duty tenure, the applicant earned the Army of Occupational Medal (Japan),the Korean Service Medal with 5 bronze service stars, and 1 Overseas Bar.  The PH and CIB are not included in this list of authorized awards.  However,
Item 39 (Wounds Received as a Result of Action with Enemy Forces) confirms that he was wounded in action in Korea on 29 August 1950, when he received a shrapnel wound to the right leg.  A DD Form 214 issued to the applicant for a subsequent period of service, from 10 December 1951 to 15 September 1953, confirms that he was also awarded the Army Good Conduct Medal in 1952. 

7.  The available evidence also includes a hospitalization file listing pertaining to the applicant.  This listing was compiled by the Office of the Army Surgeon General (OTSG), from hospital admission cards created for the period 
1950 through 1954.  This report confirms that on 30 August 1950, the applicant was admitted and treated as a battle casualty for a wound he received in the right leg from a small arms bullet.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound for which the PH is being awarded was the result of hostile action, required medical treatment, and this medical treatment was made a matter of official record.

9.  Paragraph 8-6c of the awards regulation provides specific eligibility requirements for award of the CIB and it states, in pertinent part, that a soldier must have held an infantry MOS, must have satisfactorily performed duty while assigned or attached as a member of an infantry unit during a period when the unit was engaged in active ground combat, and must have been personally present and under hostile fire while the unit was actively engaged in ground combat with the enemy.  Paragraph 8-6c(3) specifically stipulates that personnel with other than an infantry MOS are not eligible to receive the CIB, regardless of the circumstances.  It further indicates that Commanders are not allowed to grant exceptions to this policy.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be awarded the PH and finds this claim has merit.  By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer.  This treatment must be supported by records of the medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

3.  The Board finds that the applicant’s separation document confirms he was wounded in action in Korea on 29 August 1950, and the OTSG hospitalization report verifies that he was treated for this wound by military medical personnel.  Therefore, the Board concludes the applicant’s claim of entitlement to the PH is supported by the evidence and thus, he should be awarded the PH at this time. 

4.  There is no evidence of record that shows the applicant was awarded or recommended for the CIB.  In addition, there is no evidence to show that he performed infantry duties, in an infantry MOS, while assigned and personally present under hostile fire with a qualifying unit that was actively engaged in ground combat with the enemy.  Thus, the Board concludes there is an insufficient evidentiary basis to award him the CIB.

5.  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, particularly the DD Form 214 dated 9 December 1951, of the individual concerned be corrected by showing that he was awarded the PH.

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

BOARD VOTE:  

__AAO__  __RWA__  __KYF__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Walter T Morrison___
		        CHAIRPERSON

INDEX

CASE ID	AR2001066016	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/04	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . 	
DISCHARGE REASON		
BOARD DECISION	(Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.