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Decision Text

ARMY | BCMR | CY2002 | 2002067459C070402
Original file (2002067459C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 07 MAY 2002
         DOCKET NUMBER: AR2002067459


         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. Samuel A. Crumpler Chairperson
Mr. Kenneth W. Lapin Member
Mr. John T. Meixell 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 he was wounded in action while in Korea but never received the award. In support of his request he submits copies of his service medical records, which confirm the wound.

3. The applicant's military personnel record was apparently lost or destroyed during the 1973 fire at the National Personnel Records Center in St. Louis. Information contained herein was reconstructed entirely from information contained on his DD Form 214 (Report of Separation from the Armed Forces of the United States) and extracts from his original service medical records.

4. The applicant entered active duty on 27 October 1949 and served for nearly 13 months overseas where he was awarded the Korean Service Medal, Combat Infantryman Badge, and a Bronze Star Medal. His original service medical records indicate that he sustained a gunshot wound to his left ankle/leg as a result of hostile action on 19 September 1950 near Waegwan, Korea. He was treated at the 118th Station Hospital and subsequently transferred to a military hospital in Japan. He was ultimately returned to general duties. There is no indication, however, that he was ever awarded the Purple Heart.

5. The applicant was released from active duty on 10 March 1953. His DD Form 214 does not reflect entitlement to the Purple Heart and item 29 (wounds received as a result of action with enemy forces) reflects "None."

6. 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.

7. By virtue of the applicant's service in Korea he is entitled to the United Nations Service Medal, and by virtue of the fact that he was on active duty after 27 June 1953 he is also entitled to the National Defense Service Medal.

8. As a matter of information, on the occasion of the 50th 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 historic 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 award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarter, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

CONCLUSIONS:

1. The evidence confirms that the applicant was wounded as a result of hostile action while in Korea on 19 September 1950, and as such should be awarded the Purple Heart and his records corrected accordingly.

2. The evidence also confirms that the applicant is entitled to the United Nations Service Medal and the National Defense Service Medal, which should be reflected on his 1953 separation document.

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 wounds sustained on 19 September 1950; and

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

BOARD VOTE:

__SAC__ __KWL __ __JTM __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Samuel A. Crumpler____
                  CHAIRPERSON




INDEX

CASE ID AR2002067459
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020507
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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