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Decision Text

ARMY | BCMR | CY2001 | 2001059567C070421
Original file (2001059567C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 January 2002
         DOCKET NUMBER: AR2001059567


         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. W. E. Schnupp 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 DD Form 214, Report of Separation, be corrected to show that he was awarded the Purple Heart for wounds suffered in combat in Korea.

3. The applicant states, in effect, that he was wounded in action in Korea on 7 April 1952, but the Purple Heart was never awarded to him. In support of his request, he submits a copy of his DD Form 214, and a copy of a letter from The Adjutant General of the Army notifying his parents that he had been wounded in action in Korea.

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

5. His DD Form 214 shows that he was inducted on 20 March 1951, was awarded military occupational specialty 4812, heavy weapons infantryman, and served in Korea. He was honorably separated to the Enlisted Reserve Corps on 19 December 1952, in the grade of corporal after 1 year and 9 months of active duty service.

6. His awards include the Combat Infantryman Badge, the Korean Service Medal with 1 Bronze Service Star and the United Nations Service Medal.

7. Block 29 (wounds received as a result of action with enemy forces) of his DD Form 214 contains the entry “N/A.”

8. A letter dated 12 April 1952, from the The Adjutant General of the Army, notified the applicant’s parents that he had been wounded in action in Korea on 7 April 1952.

9. Information from the National Archives and Records Administration indicates that there is no Surgeon General Hospital List reflecting the applicant’s wounds/treatment.

10. 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.

11. The same regulation provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

12. On 20 August 1999, the Department of Defense approved the acceptance and wear of the Korean War Service Medal to eligible United States 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. The available evidence establishes that that the applicant was wounded in action in Korea on 7 April 1952, and is therefore, entitled to award of the Purple Heart. Additionally, his military service between 20 March 1951, and 19 December 1952, entitles him to the NDSM.

2. The applicant may also be entitled to the Korean War Service Medal. However, the determination of eligibility and the issuance of the award are handled by the US Air Force. The applicant should provided a copy of his DD Form 214 (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 combat on 7 April 1952, and the NDSM.

BOARD VOTE:

___tlp___ ___lls ___ ___rwa__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Luther L. Santiful___
                  CHAIRPERSON




INDEX

CASE ID AR2001059567
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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