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ARMY | BCMR | CY2002 | 2002072131C070403
Original file (2002072131C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 06 AUGUST 2002
         DOCKET NUMBER: AR2002072131


         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Ms. Paula Mokulis Member
Mr. Donald P. Hupman, Jr. 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 reconsideration of his previous application to correct his military records by awarding him the Purple Heart.

3. The applicant states that he received the Purple Heart and is receiving a 40 percent service connected disability for wounds incurred during the Korean War. He states that he was injured in combat from a shell fragment to his right buttock and right leg. He also has scars to his right cheek, nose, right arm, right shoulder, and left thigh. He had previously submitted a request to have the Purple Heart added to his DD Form 214, but his request was denied because the Board did not have enough evidence to make a fair decision. His service record was lost in the 1973 fire at St. Louis. He is now providing documentation proving that he was wounded during the Korean War. He was awarded the Purple Heart in Japan.

4. The Memorandum of Consideration (MOC) of the Board’s 20 September 2001 review of the case (AR2001059011) is incorporated herein by reference as if wholly set forth.

5. The applicant’s submission is new evidence that requires Board consideration.

6. The applicant submits a copy of a 14 September 1954 VA letter showing that he was awarded a service connected disability rating for shell fragment wound of the right buttock and right leg, scars of right cheek, nose, right arm, right shoulder, and left thigh.

7. Information from the hospital admission cards created by The Office of The Surgeon General show that the applicant was admitted to a hospital on 15 July 1953 for wounds to the face, buttock, and hip. His wounds were caused by explosive projectile shells from gun, mortar, etc., struck while on land and were a direct result of action against or by an organized enemy.

8. 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 to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to the veterans.

9. 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 or their surviving next of kin.. To apply, veterans must provide 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 form 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.

CONCLUSIONS:

1. There is compelling evidence that the applicant was wounded in action. He is entitled to award of the Purple Heart.

2. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.

RECOMMENDATION
:

That all of the Department of the Army records related to this case be corrected by showing that he individual concerned was awarded the Purple Heart

BOARD VOTE:

__LLS___ ___PM__ __DPH __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Luther L. Santiful______
                  CHAIRPERSON


INDEX

CASE ID AR2002072131
SUFFIX
RECON
DATE BOARDED 20020806
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 108.00
2.
3.
4.
5.
6.





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