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Decision Text

ARMY | BCMR | CY2001 | 2001059955C070421
Original file (2001059955C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 January 2002
         DOCKET NUMBER: AR2001059955


         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. Irene N. Wheelwright Chairperson
Mr. Hubert O. Fry Member
Mr. Donald P. Hupman 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 the Purple Heart.

3. The applicant states that he was awarded the Purple Heart but it is not listed on his DD Form 214. In support of his request, he submits a copy of a Purple Heart Certificate showing himself as the recipient, and two DD Forms 214, Report of Separation.

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

5. His DD Forms 214 show that he enlisted on 23 October 1947, and served 3 years and 1 day on active duty. He was honorably discharged at the completion of his term of service on 23 October 1950. He immediately reenlisted on 24 October 1950, served as an infantryman in Korea and was honorably discharge on 5 September 1952, in the grade of sergeant.

6. His awards include the Combat Infantryman Badge (CIB) and the Parachutist Badge. The DD Form 214 for the period 24 October 1950 to 5 September 1952, block 29 (wounds received as a result of action with enemy forces), contains the entry “Near Wonju Korea – 12 Feb 51.”

7. The Purple Heart Certificate submitted by the applicant shows that he was awarded the Purple Heart for wounds received near Wonju, Korea on 12 February 1951.

8. Information obtained from hospital admission cards created by The Office of the Surgeon General show that the applicant was admitted to a medical treatment facility on 12 February 1951, with a compound fracture of the femur as a direct result of action by the enemy.

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 Korean Service Medal (KSM) is awarded for service in Korea between 27 June 1950 and 27 July 1954.

11. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, and the United Nations Service Medal (UNSM) is awarded for service in Korea during the same period.

12. 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. The evidence of record supports the applicant’s contention that he was awarded the Purple Heart. It would therefore be appropriate to validate the award by reflecting it on his separation document.

2. Additionally, his service in Korea entitles him to the both the KSM and the UNSM, and his service between 24 October 1950 and 5 September 1952, entitles him to the NDSM.

3. The applicant may also be entitled to the Korean War Service Medal. However, the determination of eligibility and the issuance of this award are handled by the US Air Force. The applicant should be 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.

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, KSM, UNSM and NDSM.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ________Irene N. Wheelwright______
                  CHAIRPERSON




INDEX

CASE ID AR2001059955
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010115
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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