ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 31 October 2019 DOCKET NUMBER: AR20190000719 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the following: * Purple Heart * Bronze Star Medal with "V" Device * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 18 December 2018 * two DD Forms 214 * Honorable Discharge Certificate, dated 13 November 1947 * Headquarters, Osaka Army Hospital, General Orders Number 221, dated 12 June 1951 * Headquarters, Osaka Army Hospital letter, dated 17 June 1951, subject: Line of Duty of Injury * Headquarters, Osaka Army Hospital, General Orders Number 250, dated 25 June 1951 * Certification of Military Service, dated 9 September 2000 * Self-Authored letter, dated 26 September 2015 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 for the period ending 10 August 1951 to show award of the Purple Heart. The applicant's contention concerning the Purple Heart will not be discussed further in these Record of Proceedings. 3. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. The case is being considered using the documents provided by the applicant and reconstructed records provided by the National Personnel Records Center. 4. The Board will consider the applicant's request for award of the Bronze Star Medal and Combat Infantryman Badge. 5. The applicant states: a. He believes his records were never updated due to his citations being lost because of a lack of office administrative support during the time of the conflict. b. At the time of his out-processing from active duty, he went to have his records updated. The interviewing clerk had a very bad attitude and made unprofessional comments to him about the citations that were missing. He walked away from his appointment because of the clerk’s attitude and inappropriate comments. c. He was informed that all of his records were destroyed in the 1973 fire at the National Personnel Records Center. 6. His DD Form 214 for the period ending 13 November 1947 shows: a. He enlisted in the Regular Army on 5 September 1946. b. He was awarded military occupational specialty (MOS) 604 (Light Mortar Gunner) and he was assigned to 7156th Engineer Company. c. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), Army of Occupation Medal, and World War II Victory Medal. d. he was honorably released from active duty on 13 November 1947 and he completed 3 months and 12 days of Continental service and 10 months and 27 days of foreign service. 7. He provided copies of: a. Headquarters, Osaka Army Hospital, General Orders Number 221, dated 12 June 1961, which show he was awarded the Korean Service Medal. b. Headquarters, Osaka Army Hospital, first indorsement letter, dated 17 June 1951, subject: Line of Duty of Injury, that shows the applicant was injured at 1530 hours on 7 June 1951 in the vicinity of Hanagok, North Korea (Hill 425), and the unit's mission was to seize and secure Hill 425. The applicant was participating in the attack upon the hill. An airstrike was called upon the enemy. UN (United Nations) planes strafed and napalm bombed Company G without cause. One napalm bomb landed in the mist of the applicant's platoon causing injury to him and his fellow Soldiers. c. Headquarters, Osaka Army Hospital, General Orders Number 250, dated 25 June 1951, that show he was awarded the Purple Heart for being wounded in action on 7 June 1951 near Hwachon, Korea, while assigned to Company G, 31st Infantry Regiment, 7th Infantry Division. The applicant's injury was determined to be in the line of duty. 8. His DD Form 214 for the period ending 10 August 1951 shows: a. He was recalled from inactive duty and he enlisted in the U.S. Army Reserve on 27 July 1950. He was ordered to active duty on 9 October 1950, b. His specialty number or title was listed as "4745" (Light Machine Gunner or Crewman). c. His most significant assignment was Company G, 31st Infantry Regiment. d. He was awarded or authorized the Korean Service Medal with one bronze service star. e. He was honorably released from active duty on 10 August 1951. He completed 3 years, 8 months, and 27 days of net service and he had 7 months and 21 days of foreign service. 9. He provided a self-authored letter to the National Personnel Records Center, dated 26 September 2015, in which he stated: a. He arrived in Hamhung, North Korea, in December 1950 as a replacement for the 3d Infantry Division and from there, he was sent as a replacement to 7th Infantry Division, and later to 2d Battalion, 31st Infantry Division b. While assigned to 2d Battalion, Headquarters, 31 Infantry Division, the unit was shipped to Pusan, South Korea, and later by train, the unit sent somewhere near Taegu, South Korea. c. On 24 December 1950, he was finally assigned to G Company, 31st Infantry Division, Korea, and he participated in Operations Killer, Ripper, Pile Drive, and the 1951 Spring Offensive. d. He was wounded on 7 June 1951 somewhere near the Hwachon Reservoir, North Korea, and he was sent to a hospital in Japan and then released from active duty when he returned to the United States. e. His DD Form 214 (for the period ending 10 August 1951) only shows award of the Korea Service Medal with one bronze service star, but he participated in four campaigns. f. He has the Combat Infantryman Badge, the Bronze Star Medal with "V" Device, and the Purple Heart. At this time, he only has the Purple Heart and Bronze Star Medal with "V" Device which were given to him while he was in the hospital. 10. His records are void of orders awarding him the Bronze Star Medal with "V" Device or Combat Infantryman Badge. 11. Records required to verify the applicant's campaign participation while in Korea are not available. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the available records. The Board considered the applicant’s statement, his record of service, the belief that his records were burned or lost during the 1973 NPRC fire, the reason for his separation and his award of the Purple Heart. The Board found no evidence in the records of award of a Bronze Star w/”V” device and the applicant provided none. The Board did find the applicant was entitled to the Army Good Conduct Medal and the Combat Infantryman Badge. Based on a preponderance of evidence, the Board determined that corrections to the applicant’s record were required. The Board concurs with the two corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the two corrections stated in the Administrative Note(s) that follow, the Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: - Awarding him the Combat Infantryman Badge for actions in Korea on 5 June 1951 and the Army Good Conduct Medal, and; - Amend his DD Form 214 for the period of service ending 10 August 1951 by adding in item 27 (Decorations, Medals, Badges, Commendations, Citations…) – “Combat Infantryman Badge” and “Army Good Conduct Medal.” 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to Adding the Bronze Star Medal w/”V” to his DD Form 214. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ADMINISTRATIVE NOTE(S): The applicant was awarded or authorized the Purple Heart and National Defense Service Medal which are not listed on his DD Form 214 for the period ending 10 August 1951. ? REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, or a friendly foreign nation, after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. When the Bronze Star Medal is awarded for valor, a bronze letter "V" is worn on the suspension and service ribbon of that medal. b. Award may be made to each Service member of the Army who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947. c. A Soldier must meet the following three requirements for award of the Combat Infantryman Badge: (1) be an infantryman satisfactorily performing infantry duties, (2) be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. d. Paragraph 8-6 provides that to date, a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in the following qualifying periods, in part: World War II for the period 7 December 1941 to 3 September 1945 and the Korean War for the period 27 June 1950 to 27 July 1953. ? e. The special requirements for award of the Combat Infantryman Badge for service in Korea along the demilitarized zone border are rescinded. Retroactive awards under these criteria are not authorized for service prior to 29 July 1953. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000719 4 1