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ARMY | BCMR | CY2002 | 2002072039C070403
Original file (2002072039C070403.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 July 2002
         DOCKET NUMBER: AR2002072039


         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
Mrs. Joyce A. Hall Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Ms. Karen A. Heinz Member
Mr. Thomas Lanyi 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 his Report of Separation, DD Form 214, be corrected to add the Purple Heart.

3. The applicant states, in effect, that the award of the Purple Heart is not reflected on his DD Form 214. The applicant submits a letter from the Department of Veterans Affairs, Veterans Health Administration dated
9 July 2001, in support of his application.

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 a reconstructed record and shows that he entered active duty on
30 September 1950. Although the specific dates of his service in Korea are not shown on his DD Form 214, it does show that he served 11 months and 13 days of foreign service. On 30 June 1952, he was honorably released from active duty.

5. His DD Form 214, item 27, (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the awards of the Combat Infantryman Badge, the Korean Service Medal with two bronze service stars, and one overseas service bar. It does not show the award of the Purple Heart.

6. Item 29 of his DD Form 214 (Wounds Received as a Result of Action with Enemy Forces) contains the entry NONE.

7. Information from the Hospital Admission Cards created by the Office of the Surgeon General, Department of the Army (1950) shows that on 9 June 1951 the applicant was wounded while serving in Korea. He was admitted/treated for wounds that was a direct result against an organized enemy.

8. The Board noted that the applicant’s record does not show the National Defense Service Medal and the United Nations Service Medal.

9. 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.





10. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for several periods, including 27 July 1950 through 27 July 1954.

11. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members
of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

12. As a matter 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, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 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 Board accepts the Surgeon General’s Hospital Admission Cards as substantiating documented evidence that clearly shows that the applicant was wounded and was treated for injuries received as a result of hostile action. Therefore, correction of the applicant’s DD Form 214 to show the Purple Heart is appropriate.

2. The applicant completed a period of qualifying military service for the award of the National Defense Service Medal. The award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal. Therefore, the applicant is entitled to correction of his record to show these awards.



3. 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 that the individual concerned was awarded the Purple Heart, the National Defense Service Medal, and the United Nations Service Medal.

BOARD VOTE:

__AAO__ __KAH___ ___TL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___Arthur A. Omartian _
                  CHAIRPERSON




INDEX

CASE ID AR2002072039
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/07/30
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.



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