PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:            12 August 2003
	DOCKET NUMBER:   AR2002082364 

	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 Chun		Director	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamaine		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 record be corrected to show he was awarded the Purple Heart.  He also requests that this award be added to his DD Form 214 (Report of Transfer or Discharge).
  
3.  The applicant states that the Veteran’s Administration advised him to file for award of the Purple Heart.  In support of his application, he submits a Western Union telegram, dated 20 February 1951. 

4.  The applicant’s military records are incomplete.  The available records show that he enlisted in the Regular Army (RA) on 28 December 1948 for a period of
3 years.  He served in Headquarters & Headquarters Company 39th Infantry Regiment as an infantryman in Korea for 10 months and 11 days.    

5.  On 17 March 1952, he was separated in pay grade E-2 with an honorable discharged for the purpose of immediate reenlistment.  His DD Form 214, shows he was credited with 3 years, 1 month and 20 days of active military service 
with 30 days lost time.  His DD Form 214, shows the word “NONE” in Item
29 (Wounds).  His awards and decorations are listed as the Combat Infantryman Badge and the Korean Service Medal with three bronze service stars. 

6.  On 18 March 1952, the applicant reenlisted in the RA for a period of
3 years.  He was then assigned to Korea as an infantryman with Company H, 
8th Cavalry Regiment, 1st Cavalry Division.     

7.  On 12 October 1956, the applicant was separated in pay grade E-1, 
with an undesirable discharge.  He was credited with 3 years, 5 months and 
20 days of active military service for his current period of service and 400 days 
of lost time.  His DD Form 214, shows the word “NONE” in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) and also in Item 27 (Wounds Received as a Result of Action with Enemy Forces).  

8.  An official 20 February 1951 Western Union telegram to his mother shows he was slightly wounded in action while in Korea on 7 February 1951 and states that he was being returned to duty from his previous wound(s) on 15 November
1950.  His record also contains Korean War Battle Casualty Reports, dated 
3 September 1950 and 7 February 1951, which shows the applicant was seriously injured in action while in Korea on 3 September 1950 and 7 February 1951.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period 
between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  The applicant’s record shows he served a honorable period of service from 28 December 1948 to 17 March 1952.

10.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

11.  As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean 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 U.S. veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to veterans.  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 Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

12.  Army Regulation 600-8-22 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.  The oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart Medal.

CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in action in Korea on
3 September 1950 and 7 February 1951.  Therefore, the Board determined that there is sufficient evidence on which to base award of two Purple Hearts.  

2.  Based on the foregoing, the applicant’s DD Form 214 with an effective 
date of 17 March 1952, should be corrected to show award of the Purple Heart with Oak Leaf Cluster in Item 27 (Awards) and in Item 29 (Wounds) amended to show that he was wounded in Korea on 3 September 1950 and 7 February 1951. 

3.  The applicant met the eligibility criteria for award of the United Nations Service Medal for his foreign service and the National Defense Service Medal while assigned to Korea for 3 years, 1 month and 20 days.  He should be awarded both awards and his DD Form 214 amended to reflect these medals.

4.  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 showing that the individual concerned was awarded the Purple Heart with Oak Leaf Cluster for wounds received in action in Korea on 3 September 1950 and 
7 February 1951, the National Defense Service Medal and the United Nations Service Medal.
  
BOARD VOTE:  

___TSK _  ___WDP_  ___FCJ _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    Ted S. Kanamine____
		        CHAIRPERSON

INDEX

CASE ID	AR2002082364	
SUFFIX		
RECON		
DATE BOARDED	2003.08.12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A107.0015	
2.	A107.0069	
3.	A107.0086	
4.		
5.		
6.