Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002069730C070402
Original file (2002069730C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002069730


         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. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Ms. Barbara J. Ellis Member
Ms. Karen A. Heinz 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.

3. The applicant states that he was wounded in Korea in 1952. He states that he was presented the Purple Heart, but that it was never placed 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 he entered active duty on 16 February 1951 and completed training as an infantryman. He served six months and nine days of foreign service, and was honorably separated from active duty on 17 February 1953.

5. The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show the Purple Heart as an authorized award in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). Item 29 (Wounds Received As A Result Of Action With Enemy Forces) on his discharge document shows the entry "NONE."

6. A search of the unit records at the National Archives at Suitland, Maryland, failed to reveal any records which support the applicant's claim for award of the Purple Heart.

7. The applicant's reconstructed records contain a copy of an article from the Boston Daily Record, dated 3 November 1952. This article shows the Defense Department list of casualties for the New England area. The article contains the applicant's name as a member of the Army wounded from the State of Rhode Island.

8. The Internet contains a data file identified as Korean War Casualty File which contains casualty information on U.S. Army soldiers who participated in the Korean War. This data file, which is also identified as the "TAGOKOR, 1950-1953," was purchased from the National Archives and Records Administration by an individual who obtained a copyright for this data and now independently manages this web site. The file consists of 109,975 records of individual casualties extracted from the Korean War Casualty File and placed on the web site. The web site notes state that, since errors appear in the original data file published by the U.S. Government, no changes can be made to the original data. The web site also contains "Web Site Additions." These additions reflected casualties that had been somehow "overlooked" in the compilation of the Korean War Casualty File. The web site notes state that the additions were based on either a General Order awarding the Purple Heart, the Certificate for the Purple Heart, or a DD-214 showing the Purple Heart had been awarded and that the additions to the web site listings are distinctively marked in blue and in no way modify the original Korean War Casualty File.

9. The Korean War Casualty File from the Internet contains a listing for the applicant. This entry shows the applicant's name, correct service number, and home of record. It also shows that the applicant was an infantryman and that he was a member of the 279th Infantry Regiment of the 45th Infantry Division when he sustained a missile wound in action in North Korea on 16 October 1952 and was hospitalized.

10. The Board also noted that the applicant was eligible for award of the National Defense Service Medal which is not shown on his DD Form 214.

11. Army Regulation 600-8-22 provides, in pertinent part, 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, and the medical treatment must have been made a matter of official record.

12. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

13. 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. In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is 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 unit award to his DD Form 214.

CONCLUSIONS:

1. There is no evidence in the limited military records available which shows the applicant was wounded as a result of hostile action or was awarded the Purple Heart.

2. The applicant's records contain a newspaper article which shows that the Defense Department listed the applicant as wounded during the Korean War.

3. The Internet contains a data base, derived from records of the National Archives and Records Administration, which shows that the applicant was wounded in action 16 October 1952 while a member of the 279th Infantry Regiment of the 45th Infantry Division.

4. Based on the foregoing, the Board determined that the newspaper article listing the applicant as a casualty and the data base on the internet listing the applicant as wounded in action on 16 October 1952 are sufficient as a basis for award of the Purple Heart in this case and correction of his records to show this award.

5. Based on the dates of the applicant's military service, he is also entitled to award of the National Defense Service Medal and correction of his records to show this award.

6. 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 the individual concerned was awarded the Purple Heart for wounds sustained in Korea on 16 October 1952 and was awarded the National Defense Service Medal.

BOARD VOTE:

__BJE__ __KAH__ __RVO___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Mr. Raymond V. O'Connor, Jr._
                  CHAIRPERSON




INDEX

CASE ID AR2002069730
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021024
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY MR SCHNEIDER
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002072947C070403

    Original file (2002072947C070403.rtf) Auto-classification: Approved

    The applicant states he is providing two pictures, a letter from his doctor attesting to his having a piece of metal removed from his leg, a map, and his Report of Separation from the Armed Forces of the United States, DD Form 214, as supporting evidence. When the Korean War Service Medal is 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 unit award to his DD Form 214. There is no evidence of...

  • ARMY | BCMR | CY2002 | 2002073577C070403

    Original file (2002073577C070403.rtf) Auto-classification: Denied

    There is no evidence in the available records which shows the applicant was not paid during his service in Korea. When the Korean War Service Medal is 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 unit award to his DD Form 214. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of...

  • ARMY | BCMR | CY2003 | 2003090303C070212

    Original file (2003090303C070212.rtf) Auto-classification: Approved

    This case is being considered based on reconstructed records which consist primarily of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States), General Orders obtained from the Total Army Personnel Command, medical documents provided by the applicant, and information obtained from the Korean War Casualty File. 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...

  • ARMY | BCMR | CY2002 | 2002079117C070215

    Original file (2002079117C070215.rtf) Auto-classification: Denied

    There is no evidence in the available records that shows the applicant was wounded as a result of hostile action in Korea. The web site notes state that the additions were based on either a General Order awarding the Purple Heart, the Certificate for the Purple Heart, or a DD-214 showing the Purple Heart had been awarded and that the additions to the web site listings are distinctively marked in blue and in no way modify the original Korean War Casualty File.As a matter of information, on...

  • ARMY | BCMR | CY2003 | 2003084262C070212

    Original file (2003084262C070212.rtf) Auto-classification: Approved

    A web site, "Korean War Casualties, U.S. Army," shows that the applicant was an infantryman, MOS (military occupational specialty) 1745, with the 15th Infantry Regiment who was wounded in action on 12 June 1953. The applicant was a combat infantryman assigned to an infantry company. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge, the Republic of Korea Presidential Unit...

  • ARMY | BCMR | CY2004 | 20040001076C070208

    Original file (20040001076C070208.doc) Auto-classification: Denied

    Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to have it added to his DD Form 214. Evidence shows that the applicant’s records contain administrative error that does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show: a. that the applicant was awarded the Republic of...

  • ARMY | BCMR | CY2002 | 2002072019C070403

    Original file (2002072019C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his or her DD Form 214.

  • ARMY | BCMR | CY2010 | 20100019592

    Original file (20100019592.txt) Auto-classification: Approved

    The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. The medical evidence of record shows he was wounded as a result of hostile action in January 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the PH for wounds...

  • ARMY | BCMR | CY2003 | 2003088018C070403

    Original file (2003088018C070403.rtf) Auto-classification: Approved

    He was on active duty with Tank Company, 180th Infantry Regiment of the 45th Infantry Division, a National Guard organization, during the Korean War. 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. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was...

  • ARMY | BCMR | CY2010 | 20100019735

    Original file (20100019735.txt) Auto-classification: Denied

    There are no orders or other evidence in the applicant's military service records that shows he was awarded the Purple Heart. There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge. In addition, there are no orders or other evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge.