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ARMY | BCMR | CY2002 | 2002072249C070403
Original file (2002072249C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 08 OCTOBER 2002
         DOCKET NUMBER: AR2002072249


         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:

Ms. Jennifer L. Prater Chairperson
Mr. Melvin H. Meyer Member
Mr. James E. Anderholm 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 award of the Purple Heart for injuries sustained in combat operations against the enemy.

3. The applicant states that three fingers of his left hand were nearly severed. He was treated at the 279th General Hospital in Japan before returning to the United States.

4. The applicant’s military records show that he was inducted into the Army on 11 April 1951, and served in Korea with the 61st Engineer Searchlight Company and Company B of the 14th Engineer Combat Battalion. He was awarded the Korean Service Medal with one bronze service star and the United Nations Service Medal. The units in which he served were awarded the Republic of Korea Presidential Unit Citations for their actions during the time that he was assigned to those organizations. The applicant’s DD Form 214 does not show award of the Purple Heart. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the word, “None.”

5. On 13 June 1952 the applicant was assigned to Tokyo Army Hospital. He was treated at the 279th General Hospital for a disease and in September 1952 reassigned to Fort Knox, Kentucky. He was released from active duty with an honorable characterization of service in the rank of corporal on 10 January 1953. He had 1 year and 9 months of service, of which 1 year and 3 days was overseas. The applicant’s service record shows that he was favorably considered for award of the Army Good Conduct Medal.

6. An 8 January 1953 report of medical examination shows that the applicant was medically qualified for discharge with a physical profile serial of 1 1 1 1 1 1. That report does not show that he was wounded in action, nor does it show any medical or physical condition concerning his hand. It does show that he was treated for a disease at the 279th General Hospital in Japan in June 1952.

7. Army Regulation 600-8-22 provides 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, and the medical treatment must have been made a matter of official record.

8. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

9. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

10. 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.

11. 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 no evidence and the applicant has not submitted any, to show that he was wounded in action. The report of medical examination completed prior to the applicant’s release from active duty fails to show that he was wounded in action. There is insufficient evidence to correct his records to show award of the Purple Heart.

2. The applicant served his country faithfully and honorably. He is entitled to award of the Army Good Conduct Medal.

3. The applicant is also entitled to award of the Republic of Korea Presidential Unit Citation and the National Defense Service Medal.

4. 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 by showing that the individual concerned was awarded the Army Good Conduct Medal, the Republic of Korea Presidential Unit Citation, and the National Defense Service Medal.
2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__JLP___ __MHM__ __JEA __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___ Jennifer L. Prater____
                  CHAIRPERSON




INDEX

CASE ID AR2002072249
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021008
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. 107.00
2.
3.
4.
5.
6.


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