PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 November 2002
         DOCKET NUMBER: AR2002073327


         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, Jr.		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Sherri V. Ward		Member
Mr. Melvin H. Meyer		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 correction of his records to reflect the Purple Heart.

3. The applicant states that his DD Form 214 (Report of Separation from the Armed Forces of the United States) reflects an injury that entitles him to the Purple Heart.

4. The applicant’s military records were damaged in the 1973 fire at the National Personnel Records Center; however, they appear to be complete and for the most part are legible. These records show that the applicant was inducted on 8 November 1950. He served in Korea from 3 February through 3 October 1952 and was honorably separated from active duty on 28 October 1952.

5. The applicant’s DD Form 214, which is authenticated in the applicant’s own hand, 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 Hostile Action) of his DD Form 214 contains the entry, “GRENADE FRAG IN LEGS & BUTTOCKS 16 Feb 52.” Item 28 (Most Significant Duty Assignment) reflects the entry Company C, 224^th Infantry Regiment.

6. In the applicant's record is FEC AGO Form 241A-1, Casualty (or Nonbattle) Report. The form reports that the applicant on 16 February 1952, while on patrol was struck by enemy grenade fragments causing lacerations to his upper and lower legs and buttocks and that he was evacuated to the 115^th Medical Battalion.

7. Information obtained from hospital admission cards created by the Office of the Surgeon General (OTSG) reflects that the applicant was admitted to a hospital on 17 February 1952 with penetrating wounds to the lower extremities and that the injury was the direct result of action against or by an organized enemy.

8. 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.

9. 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 Good Conduct Medal is awarded to soldiers who distinguish themselves by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service. For each 3 years completed on or after 27 August 1940. For the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.

c. the United Nations Service Medal for service 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.

d. the Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. The applicant is authorized to wear two Bronze Service Stars on his Korean Service Medal for participation in the Second Korean Winter and Korea Summer – Fall 1952 Campaigns.

10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean conflict. This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 23 January 1952 to 10 February 1952 and 22 October 1952 to 30 January 1953 by Department of the Army General Orders Number 50-54.

11. 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. The evidence of record clearly indicates that the applicant is entitled to the Purple Heart by virtue of the wounds he suffered in Korea on 16 February 1952.
He is therefore entitled to have this award shown on his DD Form 214.

2. In reviewing his case, it is noted that he is also entitled to the National Defense Service Medal, the Republic of Korea Presidential Unit Citation, and two Bronze Service Stars to be worn on his Korean Service Medal.

3. Also, the applicant’s record is devoid of any evidence of disciplinary action taken against him thus, it would appear that the absence of the Army Good Conduct Medal for the period of his service from 8 November 1950 through 28 October 1952 was an oversight and he is entitled to this 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 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 for wounds received in Korea on 16 February 1952; and

b. showing he was awarded the Army Good Conduct Medal for the period 8 November 1950 through 28 October 1952, the National Defense Service Medal, the Republic of Korea Presidential Unit Citation, and two Bronze Service Stars to be worn on his Korean Service Medal.

BOARD VOTE:

___mhm_ ___svw__ ___jns___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________John N. Slone____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073327
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021119
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.	107.0015
2.
3.
4.
5.
6.