DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 

701 S. COURTHOUSE ROAD, SUITE 1001 

ARLINGTON, VA 22204-2490 

BRB 
Docket No: 497-18 
DEC T0 2o;s 

From: Chairman, Board for Correction ofNaval Records 

To: Secretary of the Navy 
Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER 


Ref: (a) 10 U.S.C. 1552 
(b) DoD Manual 1348.33 (Manual of Military Decorations and Awards) 
( c) SECNA VINST 1640.1 H (Navy and Marine Corps Awards Manual) 
Encl: (1) DD Form 149 with attachments 
(2) Case summary 
(3) Navy Department Board of Decorations and Medals Advisory Opinion dtd 23 April 
2018 

1. Pursuant to the provisions ofreference (a), Petitioner, a former Marine, filed enclosure (1) 
with this Board requesting a change to his Certificate of Release or Discharge from Active Duty 
(DD Form 214), to reflect his entitlement to Purple Heart Medal and the Combat Action Ribbon. 
Enclosures (1) through (3) apply. 
2. The Board, consisting of reviewed Petitioner's 
allegations oferror and injustice on 1 November 2018, and, pursuant to its regulations, 
determined that the partial corrective action indicated below should be taken on the available 
evidence of record. Documentary material considered by the Board consisted of the enclosures, 
relevant portions of his naval service records, and applicable statutes, regulations, policies, an 
Advisory Opinion (AO) furnished by the Navy Department Board of Decorations and Medals 
(NDBDM), and Petitioner's rebuttal statement to the AO. 

3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of 
error and injustice finds as follows: 
a. Before applying to this Board, Petitioner exhausted all administrative remedies available 
under existing law and regulations within the Department ofthe Navy, and enclosure (1) was 
filed by Petitioner in a timely manner. 
b. The Petitioner initially enlisted in the Marine Corps on 4 September 194 7, and were 
discharged from the Marine Corps on 3 September 1951. You reenlisted in 11 October 1954 and 
were discharged on 7 September 1956 under honorable conditions due to a physical disability. 

Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER 
c. The Petitioner's record contains a DD-215 dated 14 July 1992, which reflects entitlement 
to the following eight awards: 
1) Marine Corps Good Conduct Medal; 

2) National Defense Service Medal; 

3) Korean Service Medal; 

4) United Nations Service Medal; 

5) Rifle Sharpshooter Badge; 

6) Presidential Unit Citation; 

7) Presidential Unit Citation (Army); and 

8) Republic ofKorea Presidential Unit Citation. 

d. On 5 May 2009 and 13 May 2004, Navy Personnel Command (NPC) Retired Records 
Section reviewed Petitioner's official military personnel file and determined that Petitioner is 
entitled to the following awards: 
1) Marine Corps Good Conduct Medal; 
2) National Defense Service Medal; 
3) Korean Service Medal (with one silver star); 
4) United Nations Service Medal; 
5) Rifle Sharpshooter Badge; 
6) Presidential Unit Citation; and 
7) Republic ofKorea Presidential Unit Citation. 


Including these first seven awards, NPC also determined that Petitioner should be entitled to the 
following additional awards: 

8) Purple Heart Medal; 
9) Combat Action Ribbon; 
10) Republic ofKorea War Service Medal; and 
11) Army Distinguished Unit Citation. 


e. As part ofthe review process, the NDBDM reviewed Petitioner's request in consideration 
ofhis official military personnel file and drafted a comprehensive AO (Enclosure (3)) indicating 
entitlement to the following awards: 
1) Marine Corps Good Conduct Medal; 
2) National Defense Service Medal; 
3) Korean Service Medal (with two engagement stars); 
4) United Nations Service Medal; 
5) Rifle Sharpshooter Badge; 
6) Presidential Unit Citation; 
7) Republic ofKorea Presidential Unit Citation. 
8) Republic ofKorea War Service Medal; and 
9) Army Distinguished Unit Citation. 


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Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER 
. 
f. The AO determined that both ofthe NPC awards determinations were erroneous in part, 
and that the Petitioner was not entitled to the Purple Heart Medal (PH), and the Combat Action 
Ribbon (CAR). 
g. Within the Department of the Navy, to qualify for the PH, the wound received has to be 
the direct or indirect result ofenemy action, and such wound required treatment by a medical 
officer at the time of injury. Both criteria must be met to be awarded the PH. However, there 
was no evidence in the Petitioner's record indicating that the Petitioner was ever wounded in 
action. Additionally, the Petitioner was not listed in the casualty database maintained by the 
Marine Corps Casualty Division. Secondly, the Petitioner must have rendered satisfactory 
performance under enemy fire while actively participating in a bona fide ground or surface fire 
fight to be eligible for the CAR. Unfortunately, there is no evidence in the Petitioner's record 
indicating that he was actively engaged in ground combat action in Korea to qualify for the 
CAR. 
CONCLUSION: 

Upon review and consideration ofall the evidence ofrecord, especially in light of NDBDM's 
awards verification and the AO, the Board determined that Petitioner's request warrants partial 
relief. 

The Board concurred with the AO and concluded that the Petitioner was not entitled to either the 
PH, or the CAR. The Board determined that the Petitioner did not meet the baseline eligibility 
criteria for either award. In reaching their decision, the Board further concluded that the AO was 
consistent with current awards guidance as outlined in references (b) and (c). 

However, the Board did determine that the Petitioner met the eligibility criteria for, and is 
entitled to receive, the Republic of Korea War Service Medal (RKWSM). The RKWSM was 
awarded by the Republic of Korea and accepted by the Secretary of Defense on 20 August 1999. 
Therefore, Petitioner's DD-215 from July 1992 would not reflect the RKWSM. 

In view of the above, the Board directs the following corrective action. 

RECOMMENDATION: 

That the NPC Retired Records Section (PERS 312D2) "Transmittal ofand/or Entitlement to 
Awards" forms dated 5 May 2009 and 13 May 2004, both be removed from Petitioner's record. 

That Petitioner be issued a "Correction to DD Form 214, Certificate ofRelease or Discharge· 
from Active Duty" (DD Form 215), to indicate the entitlement to the following medals, badges, 
decorations, and/or campaign ribbons in Block 24: 

1) Marine Corps Good Conduct Medal; 
2) National Defense Service Medal; 
3) Korean Service Medal (with two engagement stars); 
4) United Nations Service Medal; 


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Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER 
5) Rifle Sharpshooter Badge; 
6) Presidential Unit Citation; 
7) Republic of Korea Presidential Unit Citation. 
8) Republic of Korea War Service Medal; and 
9) Army Di_stinguished Unit Citation. 


That a copy ofthis report of proceedings be filed in Petitioner's naval record. 

That, upon request, the Department ofVeterans Affairs be informed that Petitioner's application 
was received by the Board on 8 January 2018. 

4. It is certified that a quorum was present at the Board's review and deliberations, and that the 
foregoing is a true and complete record ofthe Board's proceedings in the above entitled matter. 
~ 

M.NEWMAN 
Recorder 

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the 
Board for Correction ofNaval Record~ (32 Code of Federal Regulation, Section 723.6(e)) and 
having assured compliance with its provisions, it is hereby announced that the foregoing 
corrective action, taken under the authority ofreference (a), has been approved by the Board on 
behalf of the Secretary of the Navy. 
Executive Director 

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