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ARMY | BCMR | CY2002 | 2002075045C070403
Original file (2002075045C070403.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 August 2002
         DOCKET NUMBER: AR2002075045

         I certify that hereinafter is recorded the record of consideration 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. Margaret K. Patterson Chairperson
Mr. Christopher J. Prosser Member
Mr. Harry B. Oberg Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
advisory opinion, if any)


APPLICANT REQUESTS: That he be awarded the Purple Heart.

APPLICANT STATES: That he received a letter from the Board informing him he was being sent his Purple Heart but he has not yet received it. He provides no supporting evidence.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from his service medical records and alternate sources.

The applicant enlisted in the Regular Army on 13 January 1949. He separated on 13 January 1952. His Report of Separation, DD Form 214, item 27 shows he was awarded the Bronze Star Medal and the Korean Service Medal with five bronze service stars. Item 29 does not show he was wounded in action.

The applicant's service medical records show that he was treated for a number of conditions including hepatitis, plantar warts, icterus (jaundice), influenza, and a cold.

On 14 August 1995, the U. S. Army Reserve Personnel Center authorized issuance to the applicant of the Bronze Star Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal with one silver service star (in lieu of five bronze service stars), and the United Nations Service Medal and noted that he was authorized the Republic of Korea Presidential Unit Citation.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

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. 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.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. There is no evidence of record and the applicant provides none to show that he was wounded in action; therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Purple Heart.

2. The applicant's DD Form 214 should be amended to add the Army Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal with one silver service star (instead of with five bronze service stars), the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Army Review Boards Agency Support Division will be directed to amend the applicant's DD Form 214 to add the Army Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation and to show he is authorized the Korean Service Medal with one silver service star.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__MKP__ __CJP __ _ _HBO __ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002075045
SUFFIX
RECON
DATE BOARDED 2002/08/29
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.



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