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ARMY | BCMR | CY2001 | 2001066235C070421
Original file (2001066235C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 04 JUNE 2002
         DOCKET NUMBER: AR2001066235


         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
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. John T. Meixell Member
Mr. Thomas E. O’Shaughnessy, Jr. 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. He states that although his separation document does not indicate that he was wounded in action, a Western Union Telegram to his spouse confirms that he was wounded. He also notes that assignment orders confirm his hospitalization. In support of his request he submits a copy of the telegram, assignment orders, a document from the VA granting him a service connected disability, and an extract from a Korean War era newspaper article noting the applicant was wounded in action.

3. The applicant's military personnel file was likely lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed entirely from documents provided by the applicant.

4. The applicant entered active duty on 7 August 1951 and served nearly 10 months overseas where he was awarded the Korean Service Medal with one bronze service star and United Nations Service Medal. A Western Union Telegram to the applicant's spouse confirms the applicant was "injured in action in Korea" on 12 April 1952. Orders included with his application confirm he was assigned to a Medical Holding Detachment in Japan in October 1952 and ultimately released from active duty on 9 May 1953.

5. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

6. By virtue of the applicant's military service between 1951 and 1953 he is entitled to the National Defense Service Medal. The 48th FA (Field Artillery) Battalion, 7th Infantry Division was awarded the ROKPUC (Republic of Korea Presidential Unit Citation) per DAGO (Department of the Army General Orders) 22-56 for service from 30 September 1950 thru 27 July 1953.

CONCLUSIONS:

1. There is sufficient evidence to confirm that the applicant was injured as a result of hostile action on 12 April 1952 and as such the Board concludes it would be appropriate, and in the interest of justice, to award the applicant the Purple Heart.

2. The evidence also confirms the applicant is entitled to the National Defense Service Medal and the ROKPUC.

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:

a. by awarding the individual concerned the Purple Heart for an injury sustained on 12 April 1952; and

b. by showing that he is entitled to the National Defense Service Medal and ROKPUC.

BOARD VOTE:

__SK __ __JTM __ __TEO __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Stanley Kelley_______
                  CHAIRPERSON




INDEX

CASE ID AR2001066235
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020604
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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