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ARMY | BCMR | CY2002 | 2002075409C070403
Original file (2002075409C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002075409


         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. Raymond V. O’Connor Chairperson
Ms. Karen A. Heinz Member
Ms. Barbara J. Ellis 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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart for wounds received in action on 11 July 1952 in Korea.

3. The applicant states that, when he was injured on 11 July 1952, he received a Purple Heart; however, this award is not recorded on his discharge document. He also contends that he is listed in the U.S. Army Korean War Casualty File. In support of his application, he submits a copy of his DD Form 214 and an entry from the U.S. Army Korean War Casualty File.

4. 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 the applicant was inducted on
8 January 1952, served in Korea and was honorably released from active duty on 7 October 1953.

5. The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

6. The available records contain information from the Hospital Admission Cards created by the Office of The Surgeon General, Department of the Army (1942-1945 and 1950-1954) which indicated the applicant was hospitalized for an abrasion (to include friction burn) to his leg sustained as a direct result of enemy action on 11 July 1952 in Korea.

7. 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.

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. Medical evidence of record shows the applicant was wounded as a result of hostile action on 11 July 1952 in Korea. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart for wounds received as a result of action with enemy forces on 11 July 1952 in Korea.

2. 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 that the individual concerned was awarded the Purple Heart for wounds received as a result of action with enemy forces on 11 July 1952 in Korea.

BOARD VOTE:

RVO____ KAH____ BJE____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor___
                  CHAIRPERSON




INDEX

CASE ID AR2002075409
SUFFIX
RECON
DATE BOARDED 20021024
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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