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Decision Text

ARMY | BCMR | CY2001 | 2001061229C070421
Original file (2001061229C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF: .
        

         BOARD DATE: 7 February 2002
         DOCKET NUMBER: AR2001061229


         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. Lee Cates Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Margaret K. Patterson Member
Mr. Lester Echols 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 records be corrected to show entitlement to award of the Purple Heart (PH).

3. The applicant states, in effect, that the PH was omitted from his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 31 August 1952. He provides an extract from a book that mentions his name; a Department of Veterans Affairs letter showing he is 100 percent disabled; a picture of a PH; a partial copy of his retirement order; a copy of his WD AGO Form 53 (Honorable Discharge), dated 20 November 1947; and, a copy of the DD Form 214 in question.

4. The applicant’s available military records show that he served on active duty from 26 June 1946 through 20 November 1947 and was honorably separated.

5. During the period 7 May 1948 through 31 August 1952, he served on active duty.

6. Records of the Office of The Surgeon General show that the applicant was wounded in action by small arms fire on 24 April 1951 as a result of action against or by an organized enemy.

7. The applicant was medically evacuated to Fort Bragg, North Carolina for surgery and separation.

8. On 31 August 1952, he was medically retired by Department of the Army Special Orders Number 155, dated 1 August 1952, effective 31 August 1952. His records show he had completed a total of 5 years, 8 months and 20 days of creditable service. His DD Form 214 shows, “S/A [small arms] wounds in groin 25 Apr 1951.” His DD Form 214 also shows entitlement to award of the Parachute Glider Badge, the Good Conduct Medal, the Korean Service Medal (KSM) with 1 campaign star, and the Combat Infantryman Badge.

9. Army Regulation 600-8-22 provides for award of the United Nations Service Medal (UNSM). In pertinent part, the regulation states that the period of eligibility for the UNSM 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 KSM automatically establishes eligibility for award of the UNSM.

CONCLUSIONS:

1. The evidence of record clearly shows the applicant’s entitlement to award of the PH, based on wounds received on 24 April 1951. This award should be shown on his DD Form 214.
2. Based on award of the KSM, the applicant is also entitled to award of the UNSM for his service in Korea.

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 the individual concerned was awarded the PH for wounds received on 24 April 1951 in Korea and the UNSM, based on award of the KSM.

BOARD VOTE:

_fne____ _mkp_____ _le____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2001061229
SUFFIX
RECON
DATE BOARDED 20020207
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.15
2.
3.
4.
5.
6.


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