PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 December 2002
         DOCKET NUMBER: AR2002072947


         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. Roger W. Able		Chairperson
Ms. Karen Y. Fletcher		Member
Mr. Bernard P. Ingold		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 that he be awarded the Purple Heart. He also requests information regarding being recommended for award of the Silver Star and for a field commission. With regard to award of the Silver Star, the applicant has not exhausted his administrative remedies and has been advised by separate correspondence to submit a recommendation for award of the Silver Star under the provisions of Title 10, U. S. Code, section 1130.

3. The applicant states that a cluster of shells hit his area in late May 1953. Something hit him in the arm and leg. The arm area was bloody but the leg area only stung with little or no blood. A medic treated him and took his name and service number and said he was entitled to a Purple Heart. He did not think much about it as he was more interested in his upcoming rotation home. He basically forgot the puncture in his leg until 1992 when a doctor became concerned because of a swelling in his leg. He had an operation and the surgeon found a metal fragment of shrapnel. He thought the Purple Heart was on his record and he feels his record should be updated. Also, in early May 1953 the company master sergeant started papers recommending him for a Silver Star and a field commission. He rotated home in June 1953 and forgot about Korea.

4. The applicant states he is providing two pictures, a letter from his doctor attesting to his having a piece of metal removed from his leg, a map, and his Report of Separation from the Armed Forces of the United States, DD Form 214, as supporting evidence. When the application was received, there was no map attached.

5. The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

6. The applicant entered active duty on 18 September 1951. His DD Form 214, item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the Combat Infantryman Badge, and one overseas bar but not the Purple Heart. Item 28 (Most Significant Duty Assignment) shows he was assigned to Company H, 180th Infantry Regiment. Item 29 (Wounds Received As A Result Of Action With Enemy Forces) shows the entry "NONE." He separated on 21 July 1953 in the temporary rank of Sergeant First Class, E-6 after completing 1 year, 10 months, and 4 days of creditable active service with no lost time. He signed his DD Form 214.

7. A search of the unit records at the National Archives in College Park, MD failed to reveal any records which support the applicant's claim for award of the Purple Heart. The search also failed to reveal that he was recommended for award of the Silver Star or for a field commission.
8. The Internet contains a data file identified as Korean War Casualty File which contains casualty information on U.S. Army soldiers who participated in the Korean War. This data file, which is also identified as the "TAGOKOR, 1950-1953," was purchased from the National Archives and Records Administration by an individual who obtained a copyright for this data and now independently manages this web site. The file consists of 109,975 records of individual casualties extracted from the Korean War Casualty File and placed on the web site. The web site notes state that, since errors appear in the original data file published by the U.S. Government, no changes can be made to the original data. The web site also contains "Web Site Additions." These additions reflected casualties that had been somehow "overlooked" in the compilation of the Korean War Casualty File. The web site notes state that the additions were based on either a General Order awarding the Purple Heart, the Certificate for the Purple Heart, or a DD Form 214 showing the Purple Heart had been awarded and that the additions to the web site listings are distinctively marked in blue and in no way modify the original Korean War Casualty File.

9. The Korean War Casualty File from the Internet does not contain a listing for the applicant.

10. 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, and the medical treatment must have been made a matter of official record.

11. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the Army Good Conduct Medal to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is normally 3 years. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

13. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the 180th Infantry Regiment, 45th

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Infantry Division was awarded the Republic of Korea Presidential Unit Citation for the period 10 December 1951 through 31 July 1953 based on Department of the Army General Order 30 dated 1954.

14. 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. In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is 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 unit award to his DD Form 214.

CONCLUSIONS:

1. There is insufficient evidence to determine the applicant met the eligibility criteria for award of the Purple Heart. Although he provides evidence to show that a piece of metal was removed from his leg, there is no corroborating evidence to show it was shrapnel resulting from a combat injury. The Board understands the applicant's desire to rotate out of Korea and forget Korea; however, he did sign his DD Form 214 and it does not show that he was wounded or awarded the Purple Heart.

2. There is no evidence of record to show the applicant was recommended for award of the Silver Star. He has been advised by separate correspondence that if he believes he is entitled to this award, he may submit a request under the provisions of Title, 10, U. S. code, section 1130 as listed above.

3. There is no evidence of record to show the applicant was recommended for a field commission. If he was, it is most likely that, since he was so close to rotation and separation, the paperwork was not processed to completion.

4. The applicant meets the eligibility criteria for award of the National Defense Service Medal. He was assigned to a unit during a period of time that unit was awarded the Republic of Korea Presidential Unit Citation. These awards should be added to his DD Form 214.

5. Although the applicant's service records are not available, his DD Form 214 shows he was promoted to pay grade E-6 in less than 2 years and that he had no lost time. It appears reasonable to believe that he met the eligibility criteria for award of the Army Good Conduct Medal for the period 18 September 1951 through 21 July 1953.

6. 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 awarding the applicant the Army Good Conduct Medal for the period 18 September 1951 through 21 July 1953.

2. That the applicant's DD Form 214 be amended to add the Army Good Conduct Medal, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation.

3. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__RWA__ __KYF___ __BPI__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Roger W. Able__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072947
SUFFIX
RECON
DATE BOARDED	2002/12/12
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.