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Decision Text

ARMY | BCMR | CY2002 | 2002075254C070403
Original file (2002075254C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002075254


         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
Mrs. Victoria A. Donaldson Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor Chairperson
Ms. Barbara J. Ellis 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.


2. The applicant requests award of the Purple Heart.

3. The applicant states that he was wounded in action in Korea and that he was not awarded the Purple Heart for that wound.

4. The applicant’s military records show that he entered active duty on
9 November 1948. He served as an armored crewman from 10 March 1949 to 17 March 1952 in Korea. The applicant was honorably separated on 17 March 1952. He subsequently reenlisted on 18 March 1952 and served until honorable separated on 1 October 1973.

5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 17 March 1952, does not show entitlement to award of the Purple Heart. In item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6. The applicant provided a copy of a WD AGO Form 1(Morning Report), dated 25 September 1950, which contains the following entry " [Applicant] LWA [Lightly Wounded in Action] Hosp [hospital] not required." The WD AGO Form 1 contains the following entry in the Record of Events Section "25 Sep 50 Task Force Torman continued attack approx 0900 hrs advancing to Chinju Korea Unit suffered 7 causualties."

7. 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.

8. 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. In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is 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 unit award to his DD Form 214.


CONCLUSIONS
:

1. The Board considered the applicant's contentions that he should be awarded the Purple Heart for wounds received in Korea.

2. There are no orders that show that the applicant was awarded the Purple Heart.

3. The Board determined that the WD AGO Form 1 was sufficient evidence for award of the Purple Heart. Therefore, the applicant is entitled to correction of his records to show award of the Purple Heart for wounds sustained as a result of hostile action on 25 September 1950 in Korea.

4. 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 for wounds received in action on 25 September 1950 in Korea.

BOARD VOTE:

__RVO___ ___BJE_ __KAH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor_
                  CHAIRPERSON




INDEX

CASE ID AR2002075254
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021024
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015.0000
2.
3.
4.
5.
6.


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