Mr. Carl W. S. Chun | Director | |
Ms. Wanda L. Waller | Analyst |
Mr. Elzey J. Arledge | Chairperson | |
Mr. Thomas B. Redfern | Member | |
Ms. Barbara J. Heinz | Member |
APPLICANT REQUESTS: Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.
APPLICANT STATES: That he was shot in his right leg by the enemy and also received shrapnel wounds in his right leg from a mine while in Korea. In support of his application, he submits a copy of his DD Form 214.
EVIDENCE OF RECORD: The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 3 December 1952. He served as an infantryman in Korea and was honorably discharged on 12 October 1954.
The applicant’s DD Form 214, 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) of the DD Form 214 states “NA.”
There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.
The available records contain two hospital admission cards created by the Office of the Surgeon General of the Army. These medical records do not show that the applicant was hospitalized or treated for wounds or injuries as a result of hostile action in Korea.
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.
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.
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.
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. The Board noted the applicant’s contention that he was shot in his right leg by the enemy and also received shrapnel wounds in his right leg from a mine while 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 12 October 1954 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. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. 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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
EJA____ TBR_____ KAH____ DENY APPLICATION
CASE ID | AR2002075183 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020917 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 107.0015 |
2. | |
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