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Decision Text

ARMY | BCMR | CY2001 | 2001058701C070421
Original file (2001058701C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 January 2002
         DOCKET NUMBER: AR2001058701


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Roger W. Able Member
Mr. Terry L. Placek 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 that his discharge document be corrected to show that he was awarded the Purple Heart.

3. The applicant states that his discharge does not show that he was awarded the Purple Heart. In support of his request, he provides a copy of his DD Form 214, Enlisted Record and Report of Separation, and a newspaper article showing that he had received the Purple Heart Medal through the intervention of his congressional representative.

4. The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center (NPRC). Information herein is derived from documents submitted by the applicant and from alternate sources.

5. The applicant’s DD Form 214 shows that he was inducted on 23 May 1952, served in Korea and was honorably released from active duty and transferred to the Army Reserves on 2 April 1954, in the grade of sergeant. This form also shows, in block 34 (wounds received in action), the notation “L. Fore finger Severe Fracture Korea.” No date of the injury is listed.

6. Awards shown on the separation document include the Korean Service Medal with 2 Bronze Service Stars, the National Defense Service Medal and the United States Service Medal (which is an unknown medal and is probably meant to be the United Nations Service Medal). Additionally, documents obtained from other sources show that he was awarded the Bronze Star Medal for Meritorious Service in Korea for the period 5 January 1953 to 1 January 1954.

7. On 24 May 2000, the applicant was issued the Purple Heart Medal at the direction of the NPRC.

8. Information obtained from the Korean Casualty File shows that the applicant, then a corporal, was injured in action in North Korea on 11 June 1953, hospitalized, and returned to duty on 28 June 1953. No further circumstances of the injury or his treatment are reflected in the file.

9. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

10. The same regulation provides that the United Nations Service Medal (UNSM) is awarded for service in Korea during the period 27 June 1950 through 27 July 1954.

11. On 20 August 1999, the Department of Defense approved the acceptance and wear of the Korean War Service Medal to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans. The US Air Force has been designated the lead agency to receive and distribute the medals.

CONCLUSIONS:

1. In light of the entry on his separation document and the information contained in the Korean Casualty File, indicating that the applicant’s wounds were received in action, it would be appropriate to officially reflect the award of the Purple Heart on his separation document.

2. Additionally, it appears that he is also entitled to the UNSM, the BSM and the Korean War Service Medal. However, the determination of eligibility and the issuance of the Korean War Service Medal are handled by the US Air Force. The applicant should provided a copy of his separation document (and DD Form 215, if appropriate) together with a request that he be issued the award to the US Air Force Personnel Center, 550 C Street West, Randolph AFB, Texas 78150-4714.

3. 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 for wounds received in Korea on 11 June 1953, the BSM and the UNSM.

BOARD VOTE:

___tlp___ ____lls___ ___rwa__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ________Luther L. Santiful______
                  CHAIRPERSON




INDEX

CASE ID AR2001058701
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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