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Decision Text

ARMY | BCMR | CY2002 | 2002073188C070403
Original file (2002073188C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 September 2002
         DOCKET NUMBER: AR2002073188


         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. Walter Avery Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Raymond J. Wagner Member
Ms. Karen Y. Fletcher 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 correction of his DD Form 214, (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

3. The applicant states, in effect, that he believes his wounds entitle him to award of the Purple Heart.

4. In support of his request, he submits a copy of his DD Form 214.

5. The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Only a copy of his DD Form 214 was located.

6. His DD Form 214, signed by the applicant, reflects that he was honorably discharged on 4 January 1952, at the rank of private. He had completed a total of 3 years, 0 month and 0 days of creditable active service. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "Shrapnel wounds, chest & lower left leg, Korea, 24 Feb 51."

7. His awards include the Combat Infantryman Badge. The Purple Heart is not shown as an authorized award.

8. The applicant indicated on a document requesting his records that while in Korea he was assigned to D Company, 23rd Infantry Regiment, 2nd Infantry Division.

9. Army Regulation 600-8-22, Military Awards, 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.

10. The same regulation provides that:

a. the National Defense Service Medal is awarded for honorable active service for any period between 27 June 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.

b. the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.





c. the United Nations Service Medal period of eligibility 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.

11. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the unit to which the applicant was assigned, the 23d Infantry Regiment, 2d Infantry Division, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 16 September 1950 through 26 October 1953, per Department of the Army General Orders 10, 1954.

12. The Board noted the applicant served in Korea during the Korean Conflict, which would entitle him to the Korean War Service Medal. 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 Korea 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 service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

CONCLUSIONS:

1. The applicant is entitled to award of the Purple Heart based on wounds sustained in action on 24 February 1951 in Korea. Therefore, it would be appropriate to correct his DD Form 214 to show award of the Purple Heart.

2. Additionally, he served during a period when the National Defense Service Medal and the United Nations Service Medal were authorized and he should have these awards reflected on his DD Form 214 as well.

3. Records also reveal that the applicant was a member of the 23rd Infantry Regiment when it was cited for award of the Republic of Korea Presidential Unit Citation; therefore, he is entitled to correction of his records to show this unit award.

4. The Department of Defense 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 submit 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 Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his or her
DD Form 214.

5. 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:

         a. showing that the individual concerned was awarded the Purple Heart based on wounds sustained in action in Korea on 24 February 1951; and

         b. showing that he was awarded the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.


BOARD VOTE:

___rjw __ ____kyf_ ___rvo__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Raymond V. O'Connor, Jr.___
                  CHAIRPERSON




INDEX

CASE ID AR2002073188
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020926
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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