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ARMY | BCMR | CY2002 | 2002068760C070402
Original file (2002068760C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 May 2002
         DOCKET NUMBER: AR2002068760


         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
Mrs. Joyce A. Hall 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 that his Report of Separation from the Armed Forces of the United States (DD Form 214) be amended to reflect the award of the Purple Heart.

3. The applicant states in effect, that he was wounded in 1952, in the battle at Cho Yon Valley, Korea. He was awarded the Purple Heart while hospitalized; however, the award is not listed on his DD Form 214.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that after having prior service he enlisted in the Regular Army on 4 December 1951.

5. Two Office of the Surgeon General Hospital Admission Cards shows that on 22 September 1952, the applicant was wounded while serving in Korea. He was admitted/treated for wounds to his abdomen, to his cranium and to his tibia. His wounds were caused by explosive projectile shells that resulted from hostile forces.

6. On 4 June 1955, the applicant was released from active duty and transferred to the U. S. Army Reserve. His DD Form 214 shows in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal. It does not show the award of the Purple Heart.

7. Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. In pertinent part, 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.

8. The Board noted that the applicant’s record does not show the Korean Service Medal and the United Nations Service Medal.

9. Army Regulation 600-8-22 provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and
27 July 1954.

10. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal 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 Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

CONCLUSIONS
:

1. The Board accepts the Surgeon General’s Hospital Admission Cards as substantiating documented evidence that clearly shows that the applicant was wounded and was treated for injuries received as a result of hostile action.
Therefore, correction of the applicant’s DD Form 214 is appropriate.

2. The Board noted that the applicant was entitled to the award of the Korean Service Medal and the United Nations Service Medal for his service in Korea; therefore, his records should be corrected to show these awards.

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 that the individual concerned was awarded the Purple Heart, the Korean Service Medal and the United Nations Service Medal.

BOARD VOTE:

__sac___ __kwl___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Samuel A. Crumpler
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002068760
SUFFIX
RECON
DATE BOARDED 20020507
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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