ABCMR Proceedings (cont)                                                        AR2002075012

PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           3 October 2002                   
	DOCKET NUMBER:   AR2002075012

	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. Walter Avery, Jr. | | Analyst

  The following members, a quorum, were present:

| Ms. Irene N. Wheelwright | | Chairperson
| Mr. Walter T. Morrison | | Member
| Mr. Charles Gainor | | 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 correction of his military records to show that he was wounded in action.

3.  The applicant provides no statement in support of his request.

4.  In support of his request, he submits a Veterans Administration (VA) Rating Sheet dated 21 May 1954, showing that he was a prisoner of war (POW) during the Korean War.

5.  The applicant’s military records show that he entered the Regular Army on 18 January 1949, and was trained as an ammunition handler.  He served in Korea from approximately 3 August 1950 through 30 August 1953, and prior to becoming a POW was assigned to Headquarters Battery, 82^nd Antiaircraft Artillery Automatic Weapons Battalion.  He was a POW from 1 December 1950 through 29 August 1953 and was retired with a permanent disability on 31 January 1954, at the rank of corporal.

6.  His DD Form 214, separation document, shows that he was awarded the Korean Service Medal with bronze service stars, the United Nations Service Medal, the National Defense Service Medal, and the Good Conduct Medal.  The Purple Heart is not listed as an authorized award.

7.  A WD AGO Form 8-27 (Field Medical Card) prepared on 29 August 1953, reflects that the applicant was wounded by a missile penetrating his right upper arm and that it was caused by the explosion of an enemy mortar round on 1 December 1950, in Kunuri, North Korea.

8.  On 2 September 1953, the applicant underwent a post POW physical examination.  On the medical questionnaire, he listed wounds that he received before his capture as, "shrapnel wounds of arm."

9.  On 22 December 1953, a Physical Evaluation Board rendered the opinion that the applicant should be found permanently unfit for further military service due to vision problems.

10.  The VA Rating Sheet prepared on 21 May 1954, reflects that the applicant reported that he had received a slight shell fragment wound of the right biceps.  The wound was rated at 0%.  The rating also reflected that a rating decision for frozen feet was deferred pending additional military records.  There is an entry "NONCOMP COMBAT" on the form, which appears to mean that the applicant would received no compensation for the injury rated at 0%, but the injury was considered combat related.

11.  His DD Form 230 (Service Record) reflects that he was credited with participation in 9 campaigns while in Korea.

12.  Army Regulation 600-8-22 (Military Awards) 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.

13.  The same regulation provides that a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver star is worn instead of five bronze service stars.  The applicant’s DD Form 230 reflects that he was credited with participation in 9 campaigns.  Therefore, he is authorized 1 silver and four bronze service stars on his Korean Service Medal.

14.  The same regulation provides that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

15.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the applicant was assigned to a unit when Department of the Army General Order 10, 1954, awarded it the Republic of Korea Presidential Unit Citation for the period 16 September 1950 through 26 October 1953.

16.  As a matter of information, on the occasion of the 50^th anniversary of the Korean War, the Government of the Republic of Korea issued the Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to veterans.

CONCLUSIONS:

1.  The evidence of record reflects that the applicant was wounded on 1 December 1950, the date he was taken prisoner.  Therefore, it was not possible for him to be treated by American medical personnel and have the treatment made a matter of official record as required for award of the Purple Heart.  However, the record shows that on the day he was freed, he reported the injury as a combat injury to American medical personnel and later to the Physical Evaluation Board.  The Board believes that the evidence in his post POW physical examination medical records is compelling, and strongly suggests that he was wounded in action prior to his capture.
2.  A VA examination is not an official source for establishing that a wound was the result of hostile action, especially when the examination takes place years after the soldier's separation.  However, in the applicant's case, he consistently reported his injury as combat related while on active duty and subsequently to the VA less than a year later.

3.  After weighing all of the circumstantial evidence in this case, it appears to the Board that the applicant was probably wounded in action in Korea, on 1 December 1950, as he contends.  Therefore, it would be appropriate to award him the Purple Heart for this combat-related injury and to show it on his separation document.

4.  The evidence of record also shows that the applicant was held as a POW from 1 December 1950 through 29 August 1953 and is therefore entitled to the POW Medal.

5.  In reviewing his case, it is noted that he is also entitled to the Presidential Unit Citation, the Republic of Korea Presidential Unit Citation, and 1 silver and 4 bronze service stars to be worn on his Korean Service Medal.

6.  The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is being provided to the applicant.  Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  showing that the individual concerned was awarded the Purple Heart for wounds received in Korea on 1 December 1950; 

	b.  showing that the individual concerned was awarded the POW Medal for his period of captivity during the Korean War; and

	c.  showing that he was awarded the Republic of Korea Presidential Unit Citation, and 1 silver and 4 bronze service stars to be worn on his Korean Service Medal.

BOARD VOTE:  

___wtm__  ___inw__  ____cg _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_______Irene N. Wheelwright_______
		        CHAIRPERSON

INDEX

CASE ID | AR2002075012
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 20021003
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE | YYYYMMDD
DISCHARGE AUTHORITY | AR . . . . .
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1.107.0015 |
2.107.0029 |
3.107.0092 |
4. |
5. |
6. |