PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 August 2002
         DOCKET NUMBER: AR2002066425


         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Irene N. Wheelwright		Member
Mr. Jose A. Martinez		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.

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2. The applicant requests that his service record be amended to include the award of two Purple Heart Medals.

3. The applicant states that he was wounded twice while serving in Korea and does not know why his records do not reflect the award of these medals, but would like to have them included.

4. The applicant's official records are not available and are believed to have been lost or destroyed in the 1973 fire at the National Personnel Records Center, St. Louis, Missouri.

5. The applicant’s available military records show that he had served on active duty from 9 September 1942 through 19 April 1946. During the majority of his World War II (WW II) service he was assigned to the 709^th Military Police Battalion. Following his release from active duty he was in the inactive Reserve until recalled to active duty on 7 November 1950. During his service in Korea he served as an infantryman with Company B, 38^th Infantry Regiment, 2^nd Infantry Division.

6. The applicant's DD Form 214 (Report of Separation from the Armed Forces), at Item 29, shows that the applicant sustained wounds in action to his scalp on 18 May 1951 and to his right ankle on 28 July 1951.

7. General Orders Number 562, Headquarters, 2nd Infantry Division, dated 3 October 1951, includes the citation for the applicant's award of the Silver Star based on his actions of 28 July 1951. In pertinent part, the citation notes "He continued in action with his unit until seriously wounded by an enemy round and was ordered by his commanding officer to leave for medical attention…"

8. General Orders Number 500, Headquarters, 2nd Infantry Division, dated 3 October 1951, includes the citation for the applicant's award of the Bronze Star Medal with "V" device based on his actions of 22 March 1951. In pertinent part, the citation notes that the applicant "distinguished himself by heroic achievement…"

9. A health record research project, commonly referred to as the “SGO Files”, involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. A search of these files failed to show a report of treatment for either of the applicant's wounds.

10. A review of the Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Registry) shows that during WW II the applicant's unit received credit for participation in the Northern France campaign and occupation credit for Germany. The Army of Occupation Medal with Germany clasp and the bronze service star on his campaign medal are not reflected on his Enlisted Record or Report of Separation (WD AGO 53-55).

11. Army Regulation 600-8-22 sets forth the policy and procedures for military awards and decorations. It provides, in pertinent part, the following:

a. paragraph 3-13 provides that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy; further, paragraph 6-5 provides that a bronze “V” device is awarded to denote acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with award of the Bronze Star Medal;

b. paragraph 2-8 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards.

c. paragraph 2-10 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954;

d. paragraph 5-16 provides that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. For Germany, service must have been between 9 May 1945 and 5 May 1955 and the soldier must have been awarded the European-African-Middle Eastern Campaign Medal prior to 9 May 1945; and,

e. paragraph 6-7 provides award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. As the applicant was assigned to the 709^th Military Police Battalion during the period it participated in the Northern France campaign and is shown to have participated in the Northern France campaign, his award of the European-African-Middle Eastern Campaign Medal should include one bronze service star.
2. Additionally, during the period the applicant was assigned to 709^th it was given occupation credit for Germany. This entitles the applicant to award of the Army of Occupation Medal with Germany clasp.

3. Therefore, it is in the interest of justice to correct the applicant's 1946 separation document to show the above corrections.

4. General Order Number 500 shows that the applicant was awarded the Bronze Star Medal with "V" device. The "V" device was erroneously omitted from the applicant's 1951 DD Form 214. Therefore, it is appropriate to correct the applicant's 1951 DD Form 214 to reflect the award of the Bronze Star Medal with "V" device.

5. The applicant's records show that he was lightly wounded in action on 18 May 1951 and again on 28 July 1951. His Silver Star Citation further substantiates the second injury by stating that he was wounded and ordered to receive medical care.

6. Notwithstanding the absence of documented medical treatment for the applicant's wounds, the Board concludes that there is sufficient evidence to award the applicant the Purple Heart for both of the wounds noted on his DD Form 214.

7. The applicant served during a period for which the National Defense Service Medal was authorized, he is therefore entitled to award of this medal.

8. As a matter of information, on the occasion of the 50^th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their heroic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

9. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is provided. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214.

10. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing:

1. That in addition to the awards and decorations currently shown on his WD AGO Form 53-55, that the individual concerned;

a. was awarded the European-African-Middle Eastern Campaign Medal with one bronze service star: and,

         b. was awarded the Army of Occupation Medal with Germany clasp.

2. That in addition to the awards and decorations currently shown on his DD Form 214, that he:

a. was awarded the Bronze Star Medal with "V " device; and,

b. was awarded the Purple Heart with bronze oak leaf cluster for wounds sustained in action against an enemy on 18 May 1951 and 28 July 1951.


BOARD VOTE:

__JNS___ _INW___ __JAM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __ John N. Slone____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002066425
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	Grant
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.