PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 June 2002
         DOCKET NUMBER: AR2002068782


         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. William Blakely		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Donald P. Hupman, 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.

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2. The applicant requests, in effect, that he be awarded the Purple Heart (PH).

3. The applicant states, in effect, that he was injured in action during the Korean Conflict in 1950, and as a result should be awarded the PH. He claims that in December 1950, while serving in Korea, he received an injury that required he receive stitches above his right eye and that the battalion surgeon provided this treatment. In support of his application, he submits a copy of the citation that awarded him the Bronze Star Medal with “V” Device and orders for the Army Commendation Medal.

4. The applicant’s military records show that on 31 July 1963, he was honorably released from active duty (REFRAD), for the purpose of retirement, after completing 20 years, 7 months, and 6 days of active military service. At the time of his separation, he held the rank and pay grade of sergeant first class/E-6 (SFC/E-6), and he was serving in military occupational specialty (MOS)
631 (Wheel Vehicle Mechanic)

5. The applicant’s service record (DA Form 24), which documents his service from 15 August 1955 through his retirement on 31 July 1963, confirms that he served in Korea from 7 August 1950 to 2 June 1951. It also verifies that he participated in three campaigns and in an assault landing of the Korean Conflict. Section 8 (Wounds Received In Actions) is blank and contains no entry, which would indicate that he was not wounded or injured in action during the period of service covered by this record. Section 9 (Medals, Decorations, and Citations) contains a list of awards authorized for the applicant which includes the Bronze Star Medal, Korean Service Medal, Army Good Conduct Medal (2^nd Award), National Defense Service Medal, and Army of Occupation Medal (Germany). However, this list of authorized awards does not include the PH. In addition, the applicant’s Military Personnel Records Jacket (MPRJ) contains no orders, documents, or information that would indicated that he was ever wounded or injured in action, recommended for, awarded, or entitled to the PH.

6. The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Order Number 85, issued by Headquarters, Headquarters and Service Company, 73^rd Heavy Tank Battalion, dated 11 November 1950, which awarded the applicant the Bronze Star Medal with “V” Device for heroic action on
21 September 1950.

7. The separation document (DD Form 214), dated 31 July 1963, issued to the applicant upon his release from active duty for the purpose of retirement, contains the following list of awards in Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): Army Commendation Medal 1^st Oak Leaf Cluster; Good Conduct Medal with
3 bronze loops; and Expert Marksmanship Badge (M-14 Rifle). The PH is not included in this list of awards.
8. Army Regulation 600-8-22 (Military Awards) prescribes the policy and procedures for the Army’s awards program. Paragraph 2-17 contains guidance on awarding the PH. It states, in pertinent part, that the PH is awarded for a wound 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 required medical treatment; and that this medical treatment was made a matter of official record.

9. Paragraph 5-8 provides for award of the Korean Service Medal. It states, in pertinent part, that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. In addition, it states that a bronze service star is authorized for each campaign a member participated in while serving in the Korea and a bronze arrowhead is authorized to denote participation in an assault landing.

10. Paragraph 9-12 provides for award of the United Nations Service Medal. It states, in pertinent part, that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. It further states that this award is authorized for members 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.

11. Paragraph 9-25 provides for award of the Republic of Korea Presidential Unit Citation. It states, in pertinent part, the Republic of Korea Presidential Unit Citation is awarded by the Korean government and only one individual award will be worn by an individual. No oak leaf cluster or other appurtenance is authorized.

12. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, foreign unit awards, occupation credit and unit citation badges awarded during World War II. It contains a by unit listing that confirms what credit and awards every unit received during its World War II service. This listing confirms that, during the applicant’s assignment tenure in Korea his unit was twice awarded the Republic of Korea Presidential Unit Citation.

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13. In addition, on 20 August 1999, the Defense Department approved the acceptance and wear of the Korean War Service Medal. This award is authorized for those members who served in Korea between 25 June 1950 and 27 July 1953. The Department of the Air Force was made the executive agent for providing these awards. The award may be requested by submitting a letter to the following address: “HQ, AFPC/DPPPRK, 550 C Street W, Ste 12, Randolph AFB, TX 78150-4714.” Veterans should include with their request, a copy of their separation document (DD Form 214) or correction to the separation document (DD Form 215), that shows that he/she was awarded the Korean Service Medal and the United Nations Service Medal.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to receive a PH for an injury he received in Korea in 1950. However, it finds insufficient evidence to support this claim.

2. By regulation, in order to support awarding a PH it must be shown that a member was wounded in action, was treated for this wound by military medical personnel, and this treatment was made a matter of official record.

3. The Board wishes to congratulate the applicant on his outstanding service in the Korean Conflict, and to inform him that the veracity of his claim, that he was injured in Korea, is not in question. However, based on the lack of sufficient evidence to satisfy the regulatory criteria necessary to award the PH, the Board is compelled to deny the requested relief, in the interest of all those who served in Korea and who faced similar circumstances.

4. The evidence of record does confirm that during his assignment tenure in the Korea, the applicant’s unit participated in 3 campaigns, received assault landing credit, and was twice awarded the Republic of Korea Presidential Unit Citation. Therefore, the Board concludes that the applicant is entitled to 3 bronze service stars and a bronze arrowhead with his Korean Service Medal and to the Republic of Korea Presidential Unit Citation. Further, it finds that it would be appropriate to correct his records to reflect these earned awards at this time.

5. In addition, the record also confirms that the applicant was awarded the Korean Service Medal, which by regulation automatically establishes eligibility for award of the United Nations Service Medal. Therefore, the Board concludes that this award should also be added to his records at this time.

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6. Finally, the evidence confirms that the Bronze Star Medal earned by the applicant and annotated in his record was awarded for heroism, which authorized a “V” Device. The Board therefore concludes that the omission of the “V” Device in the list of awards recorded in his records was the result of an administrative error that should be corrected at this time.

7. The applicant is advised that if he desires to receive his Korean War Service Medal, he should submit a request to: HQ AFPC/DPPPRK, 550 C Street W,
Ste 12, Randolph AFB, TX 78150-4714. The request should include the following statement: “I served in the country of Korea, its territorial waters, or its airspace during the period 25 June 1950 to 27 July 1953 and have enclosed a copy of a source document, with my Social Security Number/Military Service Number, which proves my service in Korea. I understand that the enclosed copy of my source document will not be returned, and since this is a Foreign Service award, the Korean War Service Medal will only be issued once.” The request should also indicate the service the veteran served with in Korea (in this case the Army), and the complete address where he would like the medal sent. This address should include the applicant’s full name, service number, and address with street name, city, state, and zip code. Finally, the applicant must sign this request.

8. 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 showing that during his active duty tenure, the individual concerned earned the National Defense Service Medal, Army of Occupation Medal (Germany), Army Good Conduct Medal (3), Bronze Star Medal with
“V” Device, United Nations Service Medal, Republic of Korea Presidential Unit Citation (2), Korean Service Medal with 3 bronze service stars and a bronze arrowhead, Army Commendation Medal (2), and Expert Marksmanship Badge (M-14 Rifle); and by providing him a corrected separation document, dated
31 July 1963, that replaces the current list of awards in Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) with the consolidated list of earned awards indicated above.

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2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__CLA__ __BJE__ __DPH___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Celia L Adolphi___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068782
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(Partial Relief)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.