PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002073373


         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. Jennifer L. Prater		Chairperson
Mr. Hubert O. Fry		Member
Ms. Gail J. Wire		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, in effect, requests reconsideration of his request for award of the Purple Heart.

3. The applicant states that he never received award of the Purple Heart for “injury to his left hand.” He contends that he was “injured (wounded) on [his] left hand and was told [he] would be given the Purple Heart.” In support of his application he submitted page two of an undated Department of Veterans Affairs rating decision.

4. The applicant’s request for award of the Silver Star and Purple Heart were considered and denied by the Army Board for Correction of Military Records on 16 May 1973; however, the record of that Memorandum of Consideration is not in the applicant’s records. Therefore, this case will be considered “de novo.”

5. The applicant’s military records were damaged in the 1973 fire at the National Personnel Records Center; however, they are appear to be complete and for the most part are legible. These records show that the applicant entered active duty on 9 April 1951. He served in Korea from 15 July 1952 to 22 February 1953 and was honorably separated from active duty on 10 April 1953.

6. The applicant’s DD Form 214 ((Report of Separation from the Armed Forces of the United States), 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, “None.”

7. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DD Form 230 (Service Record) does not show any entry in Section 8 (Wounds Received Through Enemy Action) or list the Purple Heart in Section 9 (Medals, Decorations, and Citations).

8. Letters in the applicant’s service personnel records state that officials at the U.S. Army Reserve Components Personnel and Administration Center and National Personnel Records Center in 1985 and 1987 reviewed all available official records and found no evidence that the applicant was wounded as a result of hostile action.

9. The applicant submitted an undated page of a DVA rating decision which shows that he received service connection for “Scar, residuals of laceration to the left thumb.”

10. DVA files in the applicant’s service personnel records show that he filed a claim for service connected disability in 1972 for a back injury allegedly sustained during the Korean War. These records show that the applicant was examined on 15 February 1972, no evidence of injury or wounds was reported, and, as a result, the applicant was notified that service connection was denied on 26 April 1972. The applicant filed a Notice of Disagreement to which the DVA responded with a Statement of the Case on 10 August 1972, but there is no evidence the applicant filed an appeal with the Board of Veterans Appeals. The applicant’s service personnel records contain no records supporting the DVA rating decision for the laceration to his left thumb.

11. Review of the applicant’s records reveals that he is entitled to award of the Good Conduct Medal, the National Defense Service Medal and the Republic of Korea Presidential Unit Citation which are not shown his discharge document.

12. 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 in his records.

13. 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.

14. 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.

15. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

16. 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.
17. 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. There are no orders in the applicant’s records which show that he was awarded the Purple Heart.

2. There is no evidence in the applicant’s records which shows that he was wounded or treated for wounds resulting from hostile action during the Korean War. Further, a review of records at the National Personnel Records Center failed to show that the applicant was wounded as a result of hostile action.

3. The Board also noted that the applicant did not make reference to any injury to his left hand in his initial claim to the DVA for service connected disability.

4. The Board considered page 2 of the undated DVA rating decision, but determined that this document does not show that the laceration to the applicant’s left was the result of hostile action. Therefore, this document is not sufficient as a basis for award of the Purple Heart, particularly in view of all of the official records which show the applicant was not wounded or treated for wounds as a result of hostile action.

5. Based on all of the foregoing, there is insufficient evidence in this case upon which to base award of the Purple Heart.

6. The applicant is entitled to the first award of the Good Conduct Medal for the period 9 April 1951 through 10 April 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

7. Based on the applicant’s service during the Korean War, he is entitled to award of the National Defense Service Medal and correction of his records to show this award.
8. Orders show the applicant is entitled to award of the Republic of Korea Presidential Unit Citation; therefore, the applicant is entitled to correction of his records to show this foreign unit award.

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 9 April 1951 through 10 April 1953, the National Defense Service Medal, 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:

__GJW_ ___HOF__ __JLP___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Ms. Jennifer L. Prater_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073373
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020723
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.	107.0000.0000
2.
3.
4.
5.
6.