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Decision Text

ARMY | BCMR | CY2002 | 2002074465C070403
Original file (2002074465C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 November 2002
         DOCKET NUMBER: AR2002074465


         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
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Lester Echols 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 that award of the Purple Heart be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

3. The applicant states that his medical records clearly shows his combat injury "by enemy hand grenade" but he was never awarded the Purple Heart. He states that this award is not shown on his DD Form 214. In support of his application, he submits a copy of his DD Form 214, an Abbreviated Clinical Record, a Clinical Record Brief and a letter from the National Personnel Records Center, dated April 15, 2002.

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 show he entered active duty on 23 October 1948. His DD Form 214 shows he served over 28 months of foreign service; however, the specific dates of his service in Korea are not known. He served in Korea and was honorably discharged on 25 October 1951.

5. The applicant's DD Form 214 does not show the Purple Heart as an authorized award.

6. The applicant provided a copy of a Clinical Record Brief which indicates that he was a member of Company C, 17th Infantry Regiment when he was wounded in action by enemy hand grenade fragments on 19 February 1951 at Sunhan, Korea.

7. The Board noted that the applicant is entitled to award of the United Nations Service Medal, the National Defense Service Medal and the Republic of Korea Presidential Unit Citation which are not shown on his discharge document.

8. The applicant's DD Form 214 shows the Korean Service Medal with five bronze service stars as an authorized award.

9. 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 that, at the time of the applicant's assignment to Company C, 17th Infantry Regiment, the unit was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 30 September 1950 to 27 July 1953 by Department of the Army General Orders Number 22-56.

10. 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.

11. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was 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.

12. 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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

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 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.

14. 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 DD Form 214.

CONCLUSIONS:

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

2. There are no orders available to the Board which authorize award of the Purple Heart to the applicant. However, the applicant has provided medical evidence of record which shows he was wounded on 19 February 1951 as a result of hostile action in Korea. Upon review, the Board has determined that this evidence is sufficient as a basis for award of the Purple Heart. Therefore, he is entitled to correction of his military records to show award of the Purple Heart.

3. The applicant's DD Form 214 shows he served on active duty from 23 October 1948 to 25 October 1951. His DD Form 214 also shows entitlement to award of the Korean Service Medal with five bronze service stars.
4. Based on paragraph 3, above, the applicant is entitled to award of the United Nations Service Medal and correction of his records to show this award.

5. The applicant served a period of qualifying service for award of the National Defense Service Medal. Therefore, he is entitled to correction of his records to show this award.

6. While the applicant was assigned to Company C, 17th Infantry Regiment in Korea, the unit was cited for award of the Republic of Korea Presidential Unit Citation. Therefore, the applicant is entitled to correction o f his DD Form 214 to show award of the Republic of Korea Presidential Unit Citation.

7. 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 the individual concerned was awarded the Purple Heart, the United Nations Service Medal, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation.

BOARD VOTE:

FNE_____ LE_____ TL______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Fred N. Eichorn_______
                  CHAIRPERSON




INDEX

CASE ID AR2002074465
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021121
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
2.
3.
4.
5.
6.


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