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ARMY | BCMR | CY2002 | 2002073330C070403
Original file (2002073330C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 06 AUGUST 2002
         DOCKET NUMBER: AR2002073330


         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. Luther L. Santiful Chairperson
Mr. Paula Mokulis Member
Mr. Donald P. Hupman, Jr. 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 not issued a Purple Heart at the time of his separation. He states that he submits a buddy letter and a description of the action at the time he was wounded. Those documents, however, are not included with his application.

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the applicant and from reconstructed personnel records.

5. The applicant’s DD Form 214 shows that he entered on active duty on 17 January 1949 and that he had 4 years and 18 days of foreign service. He was honorably discharged in the rank of Corporal on 13 October 1953. His DD Form 214 shows that he was awarded the Army Occupation Medal (Japan), the Korean Service Medal with three bronze service stars, and the Bronze Star Medal. That form shows that his unit of assignment was the 24th Quartermaster Company. It shows that he was retained in the service 392 days from 16 September 1952 to 13 October 1953 for the convenience of the government. It also shows that he was captured by the enemy on 25 April 1951 and returned to military control on 17 August 1953. His DD Form 214 does not show award of the Purple Heart. Item 29 (Wounds Received as a Result of Action with Enemy Forces) has the word “NONE” entered.

6. Information from the hospital admission cards created by the Office of The Surgeon General shows that the applicant was treated for epididymitis, acute, nonvenereal, on 21 October 1950 while in Korea. His unit is shown as 0024, i.e., 24th Quartermaster Company.

7. Army Regulation 600-8-22 provides 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.

8. The Unit Citation and Campaign Participation Credit Register shows that the 24th Quartermaster Company was awarded the Distinguished Unit Citation (now the Presidential Unit Citation), the Meritorious Unit Commendation, and the Republic of Korea Presidential Unit Citation for its actions during the period the applicant was assigned to that unit.

9. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 14 August 1974.

11. The United Nations Service Medal is awarded for service in Korea between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for award of the United Nations Service Medal.

12. The Prisoner of War Medal is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner of war and held captive after 5 April 1917.

13. 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.

14. 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 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 DD Form 214.

CONCLUSIONS
:

1. There is insufficient evidence to grant the applicant’s request for award of the Purple Heart.

2. The applicant served his country faithfully and honorably. He is entitled to award of the Army Good Conduct Medal.

3. The applicant is entitled to award of the National Defense Service Medal, the United Nations Service Medal, and the Prisoner of War Medal. He is also entitled to award of the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Korea Presidential Unit Citation.
4. 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 showing that the individual concerned was awarded the Army Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal, the Prisoner of War Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Korea Presidential Unit Citation.

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

BOARD VOTE:

__LLS_ _ ___PM__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Luther L. Santiful ___
                  CHAIRPERSON




INDEX

CASE ID AR2002073330
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020806
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. 108.00
2.
3.
4.
5.
6.


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