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Decision Text

ARMY | BCMR | CY2002 | 2002067470C070402
Original file (2002067470C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 August 2002
         DOCKET NUMBER: AR2002067470


         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Melinda M. Darby Chairperson
Mr. Roger Able Member
Mr. Curtis L. Greenway 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 he be awarded the Purple Heart.

3. The applicant states that he received shrapnel in the finger on 12 February 1951. There was no medic there to tag him but he later developed blood poisoning and went to a Mobile Army Surgical Hospital to receive medical care. His Report of Separation, DD Form 214, shows that he was wounded.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

5. The applicant enlisted in the Regular Army on 22 August 1947. His DD Form 214, item 27 shows he was awarded the Korean Service Medal with three bronze service stars, the Combat Infantryman Badge, and the Korea Presidential Unit Citation. Item 29 shows he was wounded (shrapnel in the finger) on 12 February 1951 as a result of action with enemy forces. He separated on 12 March 1952.

6. Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. It states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. It states that the National Defense Service Medal is awarded for honorable active service for any of several periods including between 27 June 1950 and 27 July 1954, both dates inclusive. It provides for award of the Korean Service Medal for service in Korea between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

7. 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, TX 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 applicant’s DD Form 214 shows that he was wounded as a result of action with enemy forces on 12 February 1951. He contends that although he did not receive immediate medical attention he was later treated for complications related to the wound. Any reasonable doubt should be resolved in favor of the applicant and the Board therefore accepts the DD Form 214 entry as sufficient evidence to award him the Purple Heart.

2. The applicant meets the eligibility criteria for award of the National Defense Service Medal and the United Nations Service Medal.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received on 12 February 1951.

2. That the applicant’s DD Form 214 be amended to add the Purple Heart, the National Defense Service Medal, and the United Nations Service Medal.

BOARD VOTE:


__MMD__ __RA__ __CLG__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Melinda M. Darby___
                  CHAIRPERSON




INDEX

CASE ID AR2002067470
SUFFIX
RECON
DATE BOARDED 2002/08/20
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 110.04
3.
4.
5.
6.



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