PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 September 2002
         DOCKET NUMBER: AR2002074473


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Elzey J. Arledge		Chairperson
Mr. Thomas B. Redfern		Member
Ms. Karen A. Heinz		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 award of the Purple Heart.

3. The applicant states, in effect, that he was an officer with Battery A, 189th Field Artillery Battalion of the 45th Infantry Division in Korea from 1952 to 1953. He contends that on or about 17 May 1953 while setting out a perimeter of defense for his battery, he was hit in the left thigh with fragments from an enemy mortar round. He contends that several fragments were removed by the battery medical personnel and his leg was bandaged. He also contends that it was suggested that he be sent to the rear medical evacuation center for a tetanus shot; however, he had recently had a tetanus shot. He states that there were only two officers on duty at that time in the battery and they were actively firing the guns so he declined the opportunity to evacuate to the rear. He further states that his wounds quickly healed and no follow up was made. He goes on to state that in December 1953 some small pimple like eruptions appeared on his thigh and near his knee and that several very small pieces of metal were removed from the eruptions. In support of his application, he submits a letter of explanation.

4. The applicant’s military records show that he was inducted on 1 November 1950. He attended Officer Candidate School from November 1951 to April 1952 and was honorably discharged to accept an appointment as a commissioned officer on 28 April 1952. He was appointed as a second lieutenant in the Artillery branch of the Officers’ Reserve Corps and entered active duty on 29 April 1952. He served as a field artillery unit commander in Korea from 14 November 1952 through 2 October 1953 and was released from active duty in the rank of first lieutenant on 7 October 1953. The applicant subsequently served in the U.S. Army Reserve and the Army National Guard.

5. The applicant’s DD Form 214 with an effective date of 7 October 1953, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on this DD Form 214 states, “NONE.”

6. There is no evidence in the applicant’s service personnel records that shows he was awarded the Purple Heart or was wounded as a result of hostile action.

7. The applicant’s separation medical examination conducted on 5 October 1953 makes no mention of any injuries or wounds sustained as a result of hostile action in Korea.

8. There is no indication of hospital admission cards created by the Office of the Surgeon General of the Army which show the applicant was hospitalized or treated for wounds or injuries as a result of hostile action in Korea.

9. The applicant’s service personnel records contain 45th Infantry Division General Orders Number 512, dated 1 September 1953, which show he was awarded the Commendation Ribbon with Metal Pendant (currently known as the Army Commendation Medal) for meritorious achievement in Korea during the period 5 July 1953 to 7 July 1953. The Army Commendation Medal is not shown on his discharge document.

10. The applicant’s DD Form 214 with an effective date of 7 October 1953 shows the Korean Service Medal as an authorized award. His records show that he participated in three campaigns during his assignment in Korea.

11. 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 10 December 1951 to
31 July 1953 by Department of the Army General Orders Number 30-54. This award is not shown on his discharge document.

12. 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.

13. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The regulation also states that awards of the Army Commendation Ribbon and of the Commendation Ribbon with Metal Pendant were redesignated by Department of the Army General Orders 10, dated 31 March 1960, as awards of the Army Commendation Medal, without amendment of orders previously issued.

14. 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.

15. 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 document (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 noted the applicant’s contention that he was hit in his left thigh with fragments from an enemy mortar round on or about 17 May 1953 in Korea. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or treated for wounds as a result of hostile action in Korea.

2. The applicant signed his DD Form 214 on 7 October 1953 attesting to the fact he was not entitled to the Purple Heart and that he was not wounded as a result of action with enemy forces. Therefore, the Board determined that there was insufficient evidence on which to base award of the Purple Heart.

3. On 1 September 1953, the applicant received the Commendation Ribbon with Metal Pendant for meritorious achievement in Korea during the period 5 July 1953 to 7 July 1953. The current awards regulation states that the Commendation Ribbon with Metal Pendant was redesignated by Department of the Army General Orders 10, dated 31 March 1960, as an award of the Army Commendation Medal, without amendment of orders previously issued. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 7 October 1953 to show award of the Army Commendation Medal.

4. The applicant’s DD Form 214 with an effective date of 7 October 1953 shows the Korean Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Korea which are not correctly shown by award of three bronze service stars for wear on his Korean Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Korean Service Medal with three bronze service stars and correction of his DD Form 214 with an effective date of
7 October 1953 to show these awards.

5. The applicant’s unit received the Republic of Korea Presidential Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 7 October 1953 to show this unit citation.

6. 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 that the individual concerned was awarded the Army Commendation Medal, the Korean Service Medal with three bronze service stars and the Republic of Korea Presidential Unit Citation on his DD Form 214 with an effective date of 7 October 1953.

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

BOARD VOTE:

EJA____ TBR____ KAH_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Elzey J. Arledge_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074473
SUFFIX
RECON
DATE BOARDED	20020917
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.