PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 August 2001
         DOCKET NUMBER: AR2001056574


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. Fred N. Eichorn		Member
Ms. Gail J. Wire		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.

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2. The applicant requests, in effect, that his foreign service, the Purple Heart (PH), and any other decorations he is entitled to based on his service in Korea be added to his record.

3. The applicant states, in effect, that he served in Korea from 2 July 1950 through 15 March 1951, his separation document clearly shows he was wounded in action on 29 January 1951 in Korea, and he would like these items added to his record. He also indicates that he would like his records to reflect all the awards he is entitled to based on his service in Korea.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire.

5. The available evidence includes a Report of Separation from the Armed Forces of the United States (DD Form 214), which verifies that the applicant entered the Regular Army on 21 July 1949 and served on active duty until being separated with a general, under honorable conditions discharge on 19 December 1952, in the rank of private/E-2 (PV2).

6. The DD Form 214 indicates that the applicant completed a total of 3 years,
1 month, and 25 days of creditable active military service and had accrued a total of 94 days of time lost. Block 26 (foreign and or sea service) contains an entry showing he had completed 0 years, 0 months, 0 days of foreign service.

7. However, block 27 (decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized) of the applicant’s DD Form 214 confirms that during his tenure on active duty he earned the Combat Infantryman Badge (CIB), which was authorized by Special Order (SO) Number 218, issued by the 21^st Regiment and the Korean Service Medal (KSM), authorized by Department of the Army (DA) General Order (GO) Number 39, issued in 1952, with 5 bronze service stars, denoting his participation in five campaigns of the Korean conflict.

8. Block 29 (wounds received as a result of action with enemy forces) of the applicant’s DD Form 214 also contains an entry that specifically verifies that he was wounded in action in Korea on 29 January 1951.

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9. Also on file is a military record finding report from the National Archives and Records Administration (NARA), dated 18 May 2000. This document contains information from hospital admission cards created by the Office of the Surgeon General (OTSG) for the period 1950-1954. This report indicates that the applicant was admitted for treatment by medical personnel on 29 January 1951, after having received a burn to his eye as a result of an explosion.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of enemy action. It also specifically states that 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 medical treatment for the wound or injury received in action, and must have been made a matter of official record.

11. Paragraph 2-10 contains guidance on awarding the National Defense Service Medal (NDSM) and states, in pertinent part, that the NDSM is awarded to members with honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive. Paragraph 9-12 contains guidance on awarding the United Nations Service Medal (UNSM) and states, in pertinent part, that the UNSM is authorized to members dispatched to Korea or adjacent areas for service on behalf of the United Nations in the action in Korea between
27 June 1950 and 27 July 1954, inclusive. It further specifies that personnel awarded the Korean Service Medal automatically establish eligibility for the UNSM.

CONCLUSIONS:

1. The Board notes the applicant’s contentions that he is entitled to the PH and to foreign service credit and finds these claims have 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.

2. The Board finds that the available evidence, which includes the medical casualty record pertaining to the applicant provided by the OTSG and contained in the NARA report and the wound entry in block 29 of his DD Form 214 sufficiently satisfies the burden of proof mandated by the regulation and adequately confirms the applicant’s entitlement to the PH.
3. Although the specific dates cannot be established from the available evidence, it does verify that the applicant served in Korea for a significant period of time during 1950 and 1951. This is evidenced by the fact he was wounded in action on 29 January 1951 and was awarded the Korean Service Medal with
5 bronze service stars. Therefore, although his specific Korea service dates cannot be confirmed, the Board concludes it would be appropriate to add the following statement to the remarks section of his DD Form 214: “Soldier performed combat service in Korea between 1950 and 1951”.

4. In addition, based on his confirmed honorable service and the fact that a qualifying period of this honorable service was performed in Korea, the Board finds that the applicant is also entitled to receive the NDSM and the UNSM and it concludes that these awards should be added to his record at this time.

5. 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 awarding the individual concerned the Purple Heart for being wounded in action while serving as a private in Korea on 29 January 1951; by showing he earned the National Defense Service Medal and United Nations Service Medal for qualifying periods of honorable and Korean service; by adding the following statement: “Soldier performed combat service in Korea between 1950 and 1951” to the remarks section of his DD Form 214; and by providing him a corrected separation document that reflects these changes.

BOARD VOTE:

__INW___ __FNE__ __GJW__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001056574
SUFFIX
RECON
DATE BOARDED	2001/08/09
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1952/12/19
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON	Convenience of the Government
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 1021	100.0000
3.
4.
5.
6.