PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 July 2002
         DOCKET NUMBER: AR2002070294


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. Thomas B. Redfern, III		Member
Mr. Roger W. Able		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 Item 27 of his DD Form 214 be corrected to show all his medals and that his Korean Service Medal should be corrected to show five service stars as opposed to the three currently shown. In addition, the applicant states that Item 46 of his DD Form 214 should show that he had completed ten years of non-service education versus the eight years currently shown. The applicant claims that he was hit by shrapnel once on the right hand. He also claims that a box that was thrown by an explosion while he was in Korea landed on his right great toe. The applicant claims not to have been awarded the Purple Heart and it is presumed that he is seeking award of this decoration.

3. The applicant reiterates that he had 10 years of school versus the 8 shown on his DD Form 214 and that all his medals, to include the Korean Service Medal with 5 bronze service stars, are not shown in Item 27 of his DD Form 214. The applicant finally states that he did not know there was a way to correct records.

4. The applicant submitted a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States, with an effective date of separation of 7 January 1952; a Letter from the Office of the Adjutant General, dated 25 July 1952; and a statement from an individual claiming to have been present when the applicant was wounded.

5. The applicant’s military records show that he enlisted in the Army and entered active duty on 5 January 1949 for a period of two years. He completed Basic Combat Training with Company L, 507^th Airborne Infantry Regiment at Camp Pickett, Virginia, and was awarded the Military Occupational Specialty (MOS), 4812, Heavy Weapons Infantryman. On 4 April 1949, he was processed for assignment to the Far East Command (FECOM). The applicant arrived in Korea on 20 April 1949 and was assigned to D Company, 34^th Infantry Regiment, as an Ammunition Bearer. He served in this duty position until 6 January 1950 when he was sent to Japan for training in the MOS, 4014, Wheeled Vehicle Mechanic. He returned to Korea and to the 34^th Infantry Regiment and was reassigned to
M Company, 19^th Infantry Regiment on 1 September 1950. He was returned to the Continental United States from the FECOM on 30 June 1951 and was assigned to Camp Kilmer, New Jersey, to complete his enlistment. At the end of his enlistment, he was involuntarily extended for one year in accordance with the provisions of Public Law 624, which was then in effect. He was honorably discharged in the rank of Corporal on 7 January 1952. On the date of his discharge, he had completed 3 years, 3 days active Federal service and had 2 years, 2 months and 11 days foreign service in Korea and Japan.

6. The applicant's DD Form 214 reflects that he was awarded the Army of Occupation Medal with Japan Clasp, the Combat Infantryman Badge, the

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Distinguished Unit Emblem (now known as the Presidential Unit Citation), and the Korean Service Medal with 3 bronze service stars.

7. On 25 July 1952, the Office of the Adjutant General replied to an inquiry submitted by the applicant about the medals he was entitled to as a result of his Army service. The Adjutant General of the Army advised the applicant that he was entitled to the Bronze Star Medal, the Good Conduct Medal, Distinguished Unit Emblem, the Army of Occupation Medal with Japan Clasp, the Combat Infantryman Badge, the Korean Service Medal with 5 bronze service stars, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

8. Item 28 (Remarks) of the applicant's DA Form 20, Soldier's Qualification Record, reflects only the following awards: the Bronze Star Medal, the Distinguished Unit Emblem, Army Occupation Medal with Japan Clasp, the Combat Infantryman Badge, and the Korean Service Medal with 3 bronze service stars.

9. A DA Form 1577, Authorization for Issuance of Awards, prepared by the National Personnel Records Center (NPRC) on 4 April 2000, reflects his entitlement to the same awards as was indicated in the letter from the Office of the Adjutant General of the Army with exception of the number of bronze service stars that the applicant was entitled to. The DA Form 1577 reflects entitlement to 3 bronze service stars.

10. A NPRC Test Form 99-2A, Addendum to DA Form 1577, also dated 4 April 2000, indicates the applicant's entitlement to the Republic of Korea Presidential Unit Citation.

11. The applicant participated in the following campaigns of the Korean War: United Nations Defensive from 27 June through 15 September 1950; the United Nations Offensive from 16 September through 2 November 1950; the CCF Intervention from 3 November 1950 through 24 January 1951; the First United Nations Counteroffensive from 25 January through 21 April 1951; and the CCF Counteroffensive from 22 April through 30 June 1951.

12. The Hospital Admission Card Data File created by the Office of the Surgeon General, Department of the Army, and made available to the National Personnel Records Center by the National Research Council, was reviewed for any information that would support the applicant's contentions that he was wounded in action while engaged with a hostile armed enemy. This report revealed that the applicant was hospitalized on 16 December 1950 for treatment and observation of severe abdominal pain for three days. This hospitalization was

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classified as non-battle related, and after hospitalization, he was returned to duty.

13. In his statement, the alleged eyewitness reports that on 11 or 12 August 1950, he and the applicant were in the school compound when enemy artillery began to fall all around them. They moved up a hill. He reports several ammunition trucks were hit and an ammunition box from one of the trucks was propelled in the applicant's direction, hit the ground and landed on his right foot causing injury to the great toe on the right foot. He goes on to say that he and a medic came to the applicant's aid, helped him down the hill then they went on. It was at this time that another barrage of artillery hit them and a piece of shrapnel about 5 or 10 inches in size hit the applicant in the back of the right hand. The medic returned and treated the wound to his hand, checked the wound to his big toe which was bleeding but he could do no more for the applicant. The eyewitness claims that the North Koreans pushed them back and because the aid station had already moved out, the applicant was unable to get medical attention for his wounds.

14. When the applicant underwent his separation medical examination on
5 January 1952, a Standard Form 88, Report of Medical Examination was completed. There are no notes nor is there any indications in Item 17 (Rating or Specialty (Clinical Evaluation)) of this medical record, that the applicant had any residual scars related to wounds received in action against a hostile force. To the contrary, in Item 73 (Notes (Continued) and Significant or Interest History) the examining physician entered, "No serious injuries, operations or diseases EPTS. Malaria, '51, 24^th Div Clearing Station, Korea, IMS, hospitalized 7 days. No complaints of a medical nature at time of this examination."

15. An Enlistment Record-United States Army, NME Form 4, which was initiated on 27 December 1948 and completed on January 5, 1949 in conjunction with the applicant's enlistment process shows in Item 21, Education (Years), that he had completed 8 years grammar school and 1 year high school at the time of his enlistment. Both the DA Form 20 and the DD Form 214 credit the applicant with only 8 years of grammar school. The NME Form 4 and the DD Form 214 required the applicant's verification and signature at their completion whereas this edition (1 June 1948) of the DA Form 20 did not. The DA Form 20 shows an indication that the form was prepared anew on 6 August 1951. It is presumed that the information pertinent to educational level was not transposed accurately from one DA Form 20 to the other.

16. 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

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action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

17. The above cited regulation 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 and 1 January 1961 through
14 August 1974, and 2 August 1990 through 30 November 1995.

18. This same regulation, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign in which the applicant participated in against a hostile enemy. The regulation further states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Korean Service Medal. According to this regulation, a silver service star will be worn on the appropriate service medal in lieu of five bronze service stars

19. 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. The Board considered the applicant's contentions that he is entitled to award of the Purple Heart. The Board also noted that the applicant's DD Form 214 prepared at the time of his separation from the Army, which he authenticated in his own hand, shows that he was not entitled to award of the Purple Heart and that he was not wounded as a result of engagement with an armed hostile enemy. The Board also noted that there is no evidence in the applicant's service personnel or medical records that would support his contention that he was wounded in action during the Korean War.

2. The Board considered the eyewitness statement submitted on behalf of the applicant which indicated that he had an injury to the great toe of his right foot

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and to the back of his right hand; however, this statement is not sufficient by itself as a basis for award of the Purple Heart.

3. The applicant participated in 5 campaigns during his tenure in Korea and is therefore entitled to one silver service star, in lieu of five bronze service stars, to be affixed to his already awarded Korean Service Medal.

4. The applicant is entitled to award of the National Defense Service Medal for his honorable service from 5 January 1949 through 7 January 1952; therefore, he is entitled to correction of his record to show this award.

5. The evidence of records shows that the applicant was awarded the following awards and decorations during his Army service: the Bronze Star Medal, the Good Conduct Medal, the Army Occupation Medal with Japan Clasp, the National Defense Service Medal, the Korean Service Medal with 1 silver service star, the United Nations Service Medal, the Presidential Unit Citation, the Combat Infantryman Badge, and the Republic of Korea Presidential Unit Citation.

6. The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) and a properly constituted NME Form 4 that were both authenticated by the applicant. The Board presumed government regularity in the preparation of both these forms and recognizes that administrative errors can occur. The Board, being convinced that an error occurred in the transposition of information from one form to the other believes that the applicant had completed nine years, and not the 10 years he claims, of non-service education prior to his entry on active duty, and Item 46, DD Form 214, should be corrected to reflect completion of 8 years grammar school and 1 year high school.

7. 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:

         a. by awarding the applicant the National Defense Service Medal for his honorable service from 5 January 1949 through 7 January 1952;

         b. by deleting the Army of Occupation Medal with Japan Clasp, the Combat Infantryman Badge and the Korean Service Medal with 3 bronze service stars from Item 27, of the applicant's DD Form 214 with an effective separation date of 7 January 1952;

         c. by showing he was awarded: the Bronze Star Medal, the Good Conduct Medal, the Army of Occupation Medal with Japan Clasp, the National Defense Service Medal, the Korean Service Medal with 1 silver service star, the United Nations Service Medal, the Presidential Unit Citation, the Combat Infantryman Badge, and the Republic of Korea Presidential Unit Citation; and

         d. by amending Item 46 of the applicant's DD Form 214 to show that he completed 8 years Grammar School, 1 Year High School and 0 years College.

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

BOARD VOTE:

__jl____ __tbr___ __rwa___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Joann Langston
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070294
SUFFIX
RECON
DATE BOARDED	20020709
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT-IN PART
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	103.0000
3.	107.0000
4.	107.0015
5.
6.