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ARMY | BCMR | CY2002 | 2002068908C070402
Original file (2002068908C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 July 2002
         DOCKET NUMBER: AR2002068908


         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:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Richard T. Dunbar Member
Mr. Kenneth W. Lapin 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, the Silver Star, the Bronze Star Medal, and the Presidential Unit Citation. With regard to award of the Silver Star and the Bronze Star Medal, the applicant has not exhausted his administrative remedies and has been advised by separate correspondence to submit a recommendation for award of these decorations under the provisions of Title 10, U. S. Code, section 1130.

3. The applicant states that he provides a letter of support from Albert B___.
Albert B___ states that the applicant was seriously wounded on 9 March 1951. He was there when they brought the applicant down the hill on a stretcher in critical condition.

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 8 November 1949. Surgeon General’s Office Admission Cards show that he received missile wounds to the thigh and forearm on 9 March 1951 as a result of enemy action. His Report of Separation, DD Form 214, item 27 shows he was awarded the Combat Infantryman Badge, the Korean Service Medal with six bronze service stars, and the Republic of Korea Presidential Unit Citation. Item 29 shows he was wounded in action on 9 March 1951. Item 28 shows he was assigned to the 17th Infantry Regiment.

6. Army Regulation 600-8-22 states that the Purple Heart 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 must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

7. Department of the Army Pamphlet 671-1 does not show that the 17th Infantry Regiment was awarded the Presidential Unit Citation but does show that it was awarded the Republic of Korea Presidential Unit Citation.

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, 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 evidence of record shows that the applicant was wounded in action on 9 March 1951 and so is entitled to award of the Purple Heart.

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

3. There is no evidence to show the applicant is entitled to the Presidential Unit Citation but he is entitled to the Republic of Korea Presidential Unit Citation (already listed on his DD Form 214).

4. 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 in action on 9 March 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.

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

BOARD VOTE
:

__RVO__ __RTD__ __KWL__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond V. O’Connor, Jr.___
                  CHAIRPERSON



INDEX

CASE ID AR2002068908
SUFFIX
RECON
DATE BOARDED 2002/07/25
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.



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