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Decision Text

ARMY | BCMR | CY2002 | 2002073284C070403
Original file (2002073284C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 30 JULY 2002
         DOCKET NUMBER: AR2002073284


         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. 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 award of the Purple Heart.

3. The applicant states that he was wounded in the right thigh in Korea on 25 July 1950. He states that his unit at the time that he was wounded was Company E, 27th Infantry, 25th Infantry Division.

4. The applicant’s military records show that he entered on active duty on 1 September 1949 and was released from active duty on 23 September 1952. His DD Form 214 shows that he had 1 year, 6 months, and 9 days of foreign service, and was awarded the Army Occupation Medal with Japan clasp, the Korean Service Medal with five bronze service stars, and the United Nations Service Medal. It does not show award of the Purple Heart; however, it does show that he was wounded in action on 25 July 1950, receiving a wound to his right thigh. His DD Form 214 also shows that he was an infantryman.

5. Information from the hospital admission cards created by the Office of The Surgeon General show that the applicant was treated on four occasions in 1951 for non battle conditions, twice in January, once in March, and once in April of that year. His unit is shown as the 27th Infantry [Regiment].

6. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

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

8. The Unit Citation and Campaign Participation Credit Register shows that the 27th Infantry Regiment (less the 3d Battalion) was awarded the Distinguished Unit Citation (now the Presidential Unit Citation) for its actions during 23-26 July 1950; that it was awarded that citation again for its actions during 21-24 August 1950; and that Company E of that regiment was awarded that citation for the period 26-27 November 1950. It also shows that the 27th was awarded the Republic of Korea Presidential Unit Citation for the period 1-11 August 1950 and also for the period 19 September 1950 – 31 July 1952.

9. 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. 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 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 DD Form 214.

CONCLUSIONS:

1. The applicant was wounded in action as evidenced by the information contained on his DD Form 214. He is entitled to award of the Purple Heart.

2. The applicant was an infantryman and was wounded in action. Hospital admission cards show that the applicant was a member of the 27th Infantry Regiment in early 1951. It is probable that he was assigned to an infantry company throughout his tour in Korea. The benefit of the doubt should go to the applicant. Consequently, he should be entitled to award of the Combat Infantryman Badge.

3. The applicant is also entitled to award of the National Defense Service Medal.

4. The award of five bronze service stars to Korean Service Medal indicates that the applicant participated in five campaigns during the Korean War. The beginning date of the first Korean War campaign was 27 June 1950. The ending date of the fifth campaign was 8 July 1951. The evidence shows that the applicant was wounded in July 1950 and that he was treated for non battle conditions as late as April 1951, and that his organization at that time was the 27th Infantry Regiment. It is more than likely that the applicant served in five consecutive campaigns during the Korean War beginning with the first one in mid-1950. It is also highly probable that he was with the 27th Infantry Regiment throughout his tour in Korea. He himself states that he was assigned to Company E of that regiment. There is no reason to disbelieve him, especially since the only request that the applicant is making is award of the Purple Heart, to which he is clearly entitled.

5. Consequently, it would be appropriate to show that the applicant is entitled to three awards of the Presidential Unit Citation and two awards of the Republic of Korea Presidential Unit Citation.

6. 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 Combat Infantryman Badge, the National Defense Service Medal, three awards of the Presidential Unit Citation, and two awards of the Republic of Korea Presidential Unit Citation.

BOARD VOTE:

_AAO___ __KAH __ __TL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian _
                  CHAIRPERSON




INDEX

CASE ID AR2002073284
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020730
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. 61
3.
4.
5.
6.


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