PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 July 2002
         DOCKET NUMBER: AR2002071490


         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. JoAnn H. 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 he be awarded the Purple Heart (PH) and all other awards and decorations to which he is entitled.

3. The applicant states, in effect, that as a result of an explosion of an incoming round, he received a shrapnel wound to his left shoulder on 7 September 1952, at Heart Break Ridge, Korea . In support of his application, he submits a copy of his separation document (DD Form 214).

4. The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973. The information herein was gleaned from a copy of the applicant’s DD Form 214.

5. The applicant’s DD Form 214 shows he entered the Army on 18 April 1951, and that he continuously served on active duty being honorably separated on
17 April 1954, in the rank of private. This document also shows that he served overseas for 11 months and 14 days and his most significant duty assignment was Company P, 14^th Infantry Regiment, 25^th Infantry Division, Korea.

6. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he earned the following awards during his tenure on active duty: Korean Service Ribbon with 2 bronze service stars; National Defense Service Medal; United Nations Service Medal, and Combat Infantryman Badge. The PH is not included in this list of authorized awards. However, Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “Heart Break Korea 7 Sep 52”, which indicates that he was wounded in action at that location on the date indicated.

7. The applicant’s Military Personnel Record Jacket (MPRJ) contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the active duty unit commanders for which he served.

8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is authorized to members who are wounded in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained in action. The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

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9. Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years. There is no automatic entitlement to the AGCM; however, disqualification must be justified.

10. 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.

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

12. As a matter of information, on the occasion of the 50^th 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 service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

CONCLUSIONS:

1. The Board notes the applicant’s contention he should be awarded the PH, and it finds this claim has merit. Normally, in order to award the PH there must be evidence to show that a soldier was wounded in action, it required medical treatment, and it was made a matter of official record. However, in this case, the Board finds the entry in Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 provides sufficient proof establishing that he was wounded in action on 7 September 1952, while serving as a private in Korea. Therefore, the Board concludes it would be appropriate to award him the PH at this time.

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2. In addition, the evidence of record shows that the applicant completed a
3 year qualifying period of honorable active duty service that entitles him to the AGCM. Lacking any derogatory information on file or a specific disqualifying action from any of his active duty unit commanders, the Board concludes that it would also be appropriate to award him the AGCM at this time.

3. The record also confirms that based on his service in Korea, the applicant is entitled to the Republic of Korea Presidential Unit Citation, and the Board concludes it would also be appropriate to add this award to his records at this time.

4. The applicant is advised that the Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request from is being provided to the applicant. 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.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

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RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart, for being wounded in action on 7 September 1952, while serving as a private in Korea and the Army Good Conduct Medal, for his honorable active duty service from 18 April 1950 through 17 April 1953; by showing he is entitled to the Republic of Korea Presidential Unit Citation; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:

_ _JHL_ _ __TBF__ __RWA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____JoAnn H. Langston___
                  CHAIRPERSON

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INDEX

CASE ID	A2002071490
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/07/09
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.