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Decision Text

ARMY | BCMR | CY2001 | 2001057223C070420
Original file (2001057223C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 September 2001
         DOCKET NUMBER: AR2001057223


         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. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. Melvin H. Meyer Member
Ms. Karen A. Heinz 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 award of all the medals to which he is entitled.

3. The applicant states that he was wounded in Korea and never received the Purple Heart.

4. The applicant’s military records show that he was inducted on 29 January 1949 and served as an infantryman until he was honorably separated from active duty and transferred to the Enlisted Reserve Corps on 30 January 1950. He entered active duty again on 23 October 1950 and arrived in Korea where he served in as a combat engineer in the 2d Engineer Battalion until he was evacuated on 27 May 1951. The applicant was honorably discharged from active duty on 2 August 1951 and transferred to the Enlisted Reserve Corps.

5. The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) shows only the Korean Service Medal with one bronze service star listed in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6. The applicant’s records contain a AGO Form 0365 (Battle Casualty Report) which shows that he was slightly wounded in action in Korea on 27 May 1951.

7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean conflict. This document shows the unit, to which the applicant was assigned, Company B of the 2d Engineer Battalion, was cited for award of the Presidential Unit Citation for actions during the period 13 to 15 February 1951 by Department of the Army General Orders Number 49-51. The applicant was also assigned to the 2d Engineer Battalion when it was cited for award of the Presidential Unit Citation for actions during the period 16 to 22 May 1951 by Department of the Army General Orders Number 72-51.

8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the unit, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 16 September 1950 to 26 October 1953 by Department of the Army General Orders Number 10-54.

9. 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.

10. 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.

11. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. The second and succeeding awards of the Presidential Unit Citation are denoted by wear of one bronze oak leaf cluster for each additional award of the Presidential Unit Citation.

12. The Board also noted that the applicant’s service during the Korean War may entitle him to award of the Korean War Service Medal from the Government of the Republic of Korea on the occasion of the 50th anniversary of the Korean War. The Department of Defense has accepted and approved this foreign unit award for wear by eligible veterans of all services, and the Department of the Air Force is responsible for determining eligibility for and making distribution of the Korean War Service Medal to eligible veterans. The applicant has been notified by separate correspondence of the procedures for making application for this foreign unit award.

CONCLUSIONS:

1. Evidence of record shows the applicant was wounded in Korea on 27 May 1951 as a result of hostile action. Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2. While the applicant was a member of the 2d Engineer Battalion, it was cited twice for award of the Presidential Unit Citation; therefore, he is entitled to correction of his records to show award of the Presidential Unit Citation with One Bronze Oak Leaf Cluster.

3. While the applicant was a member of the 2d Engineer Battalion, it was cited for award of the Republic of Korea Presidential Unit Citation. Therefore, he is entitled to correction of his records to show this foreign unit award.

4. Based on award of the Korean Service Medal, the applicant is entitled to award of the United Nations Service Medal. Therefore, he is entitled to correction of his records to show award of the United Nations Service Medal.

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:

         a. by awarding the individual concerned the Purple Heart for wounds sustained in action in Korea on 27 May 1951;

         b. by showing he was awarded the Presidential Unit Citation with One Bronze Oak Leaf Cluster;

         c. by showing he was awarded the Republic of Korea Presidential Unit Citation; and

         d. by showing he was awarded the United Nations Service Medal

BOARD VOTE:

___JL___ __KAH__ __MHM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Ms. Joann Langston____
                  CHAIRPERSON




INDEX

CASE ID AR2001057223
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010918
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY MR SCHNEIDER
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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