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Decision Text

ARMY | BCMR | CY2002 | 2002073286C070403
Original file (2002073286C070403.rtf) Auto-classification: Approved
PROCEEDINGS

         IN THE CASE OF:
        

         BOARD DATE: 20 February 2003
         DOCKET NUMBER: AR2002073286


         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. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Mr. Lester Echols Member
Mr. Allen L. Raub 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 received the Purple Heart for wounds sustained in Korea, but the Purple Heart is not reflected on his DD Form 214 (Report of Separation from the Armed Forces of the United States). In a telephone call to a member of the Army Review Boards Agency, the applicant contended that he was treated for frostbite and evacuated from Korea in December 1950.

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and consist primarily of the applicant's DD Form 214. His DD Form 214 shows that he entered active duty on 10 October 1949 and served overseas for ten months and 13 days. He was honorably discharged on 21 October 1952.


5. There are no orders available to the Board which authorize award of the Purple Heart to the applicant. There are no medical records which show that the applicant was wounded as a result of hostile action or treated for frostbite.

6. The applicant's DD Form 214 does not show the Purple Heart as an authorized award in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry "None."

7. The applicant authenticated his DD Form 214 at the time of separation as evidenced by his signature in Item 48 (Signature of Person Being Separated).

8. The applicant's name is not listed on the Korean War Casualty Roster. There are no Surgeon General of the Army hospital records which show the applicant was wounded or treated for frostbite during the Korean War.

9. The historical files of the applicant's unit, located at the National Archives in College Park, Maryland, were searched. This search did not produce any record which shows that the applicant was wounded as a result of hostile action or was treated for frostbite.

10. The Board noted that the applicant was eligible for award of the Good Conduct Medal which is not shown on his DD Form 214. There is no indication in the applicant's personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. There is no indication of indiscipline or lost time on his DD Form 214.


11. 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.

12. 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 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.

13. 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 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 DO Form 214.

CONCLUSIONS :

1. The Board considered the applicant's request for award of the Purple Heart.

2. There are no orders which entitle the applicant to award of the Purple Heart.
The applicant's DD Form 214, which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart as an authorized award. A search of unit historical records and Surgeon General of the Army hospital records failed to provide any evidence the applicant was wounded or treated for frostbite during his service in Korea. The applicant's name is not listed on the Korean War Casualty Roster.

3. In view of the foregoing facts, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4. The Board determined that the applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 10 October 1949 through 9 October 1952. Therefore, he is entitled to correction of his records to award of the Good Conduct Medal.
5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION :

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Good Conduct Medal for the period 10 October 1949 through 9 October 1952.

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

BOARD VOTE :

__ALR__ __JHL___ ___LE___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ms. JoAnn H. Langston_____
                  CHAIRPERSON



INDEX

CASE ID AR2002073286
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030220
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY MR SCHNEIDER
ISSUES 1. 107.0015.0000
2.
3.
4.
5.
6.


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