PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 20 August 2002
         DOCKET NUMBER: AR2002074501


         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Ms. Melinda M. Darby		Chairperson
Mr. Roger Able		Member
Mr. Curtis L. Greenway		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 that his Report of Separation, DD Form 214, shows he was wounded before being captured by the Chinese. His old buddies tell him that his unit was awarded the Army Presidential Citation with oak leaf cluster, the Naval Presidential Unit Citation, the Korean Presidential Unit Citation, the National Defense Service Medal, the Korean Service Medal with four bronze service stars, the United Nations Service Medal, and the Korean War Service Medal.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

5. The applicant enlisted in the Regular Army on 18 April 1950. He arrived in Korea around September 1950.

6. The applicant’s DD Form 214, item 29 shows that he was wounded as a result of action with enemy forces on 29 November 1950. Records at the U. S. Total Army Personnel Command show that he was a prisoner of war (POW) from 30 November 1950 – 21 August 1953. He separated on 20 October 1953. His DD Form 214 shows he was awarded the Army of Occupation Medal with Japan clasp, the Combat Infantryman Badge, and the Army Good Conduct Medal. It shows his duty assignment as Company B, 31^st Infantry Regiment, 7^th Infantry Division. It shows that he served 3 years and 29 days of foreign service.

7. Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. It states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. It states that the POW Medal is awarded to soldiers who were taken prisoner and held captive while engaged in an action against an enemy of the United States. It will only be awarded when the individual’s POW status has been officially confirmed and recognized as such by the Department of the Army. It states that the National Defense Service Medal is awarded for honorable active service for any of several periods including between 27 June 1950 and 27 July 1954, both dates inclusive.

8. Army Regulation 600-8-22 provides for award of the Korean Service Medal for service in Korea between 27 June 1950 and 27 July 1954. One bronze service star is authorized for each campaign. POWs will not be accorded credit for the time spent in confinement or while otherwise in restraint under enemy control. (The applicant appears to have been eligible for credit for three campaigns – the United Nations Defensive, 27 June – 15 September 1950; the United Nations Offensive, 16 September – 2 November 1950, and the Communist Chinese Forces Intervention, 3 November 1950 – 24 January 1951. The last campaign, Korea Summer 1953, terminated on 27 July 1953, prior to his release from captivity.) Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

9. Department of the Army Pamphlet 672-1 shows that the 31^st Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for the period 15 – 17 September 1950 and the Republic of Korea Presidential Unit Citation for the period 30 September 1950 – 27 July 1953. Elements of the Regiment, to include Company B, 1^st Battalion, were awarded the Navy Presidential Unit Citation for the period 27 November – 11 December 1950.

10. Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform. In pertinent part, it states that a soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited.

11. As a matter of information, on the occasion of the 50^th 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. To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarter, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, TX 78150-4714. 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 applicant’s DD Form 214 shows that he was wounded as a result of action with enemy forces on 29 November 1950. He was captured by enemy forces on 30 November 1950. Although there is no evidence to show he was treated by medical personnel, the Board accepts the DD Form 214 entry as sufficient evidence to award him the Purple Heart.

2. The applicant meets the eligibility criteria for award of the POW Medal and the National Defense Service Medal.

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3. There is no conclusive evidence to show when the applicant arrived in Korea.
However, even factoring in transit time from Korea until his separation on 20 October 1953 and presumably some time spent in Japan, it appears that he most likely arrived in Korea sometime in September 1950. Any reasonable doubt concerning his exact arrival date should be resolved in favor of the applicant when considering eligibility for awards and decorations. Therefore, it would be equitable to show he is eligible for award of the Korean Service Medal with three bronze service stars and the United Nations Service Medal. It would also be equitable to show that he meets the eligibility criteria for two awards of the Republic of Korea Presidential Unit Citation and the Navy 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 awarding the applicant the Purple Heart for wounds received on 29 November 1950.

2. That the applicant’s DD Form 214 be amended to add the Purple Heart, the POW Medal, the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, two awards of the Republic of Korea Presidential Unit Citation, and the Navy Presidential Unit Citation.

BOARD VOTE:


__MMD__ __RA__ __CLG__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Melinda M. Darby___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074501
SUFFIX
RECON
DATE BOARDED	2002/08/20
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	110.04
3.
4.
5.
6.