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ARMY | BCMR | CY2002 | 2002071625C070402
Original file (2002071625C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 July 2002
         DOCKET NUMBER: AR2002071625


         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 that the Purple Heart be added to his Report of Transfer or Discharge, DD Form 214.

3. The applicant states that he was awarded the Purple Heart for wounds received in action on 14 May 1968. He had earlier requested correction of his records to add all his awards; however, the Purple Heart was not added.

4. The applicant’s military records show that he enlisted in the Regular Army in 1948. He arrived in Vietnam on or about 4 October 1967. His Enlisted Qualification Record, DA Form 20, item 40 shows that he received fragmentation wounds to the chest, both arms, left ankle and foot, right shoulder, both legs, and ears on 13 (sic) May 1968. He provides a certificate which shows he was awarded the Purple Heart for wounds received on 14 May 1968. He was medically evacuated to Camp Zama, Japan on 26 May 1968 and to Portsmouth Naval Hospital, Portsmouth, VA on 6 June 1968.

5. On 9 September 1968, the applicant underwent a retirement (length of service) physical. The physical noted that he was previously evaluated for fragment wound injuries sustained in Vietnam on 13 April (sic) 1968. He was cleared for separation and retired on 1 March 1969. His DD Form 214 for the period ending 28 February 1969 showed he was awarded the Vietnam Service Medal with device 1960 (sic), the Vietnam Campaign Medal, and two overseas bars. On 1 March 2001, his DD Form 214 was corrected to delete these awards and to add all his authorized awards. The Purple Heart was not added.

6. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

7. 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. Although there is a variance of dates, the evidence of record shows that the applicant was wounded in action and it appears he had been awarded the Purple Heart. It would be appropriate to add the Purple Heart to his DD Form 214.

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

RECOMMENDATION:

That the applicant’s DD Form 214 for the period ending 28 February 1969 be further corrected by adding the Purple Heart.

BOARD VOTE:

__RVO__ __RTD__ __KWL__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                                             ___Raymond V. O’Connor, Jr.___
                  CHAIRPERSON




INDEX

CASE ID AR2002071625
SUFFIX
RECON
DATE BOARDED 2002/07/25
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.



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