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Decision Text

ARMY | BCMR | CY2002 | 2002075861C070403
Original file (2002075861C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 December 2002
         DOCKET NUMBER: AR2002075861


         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
Mr. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

MS. Celia L. Adolphi Chairperson
Mr. Ted S. Kanamine Member
Mr. Conrad V. Meyer 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 military records to reflect the Purple Heart.

3. The applicant states that his DD Form 214 (Report of Separation from the Armed Forces of the United States) reflects an injury that entitles him to the Purple Heart.

4. The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Information herein is based upon the documents provided by the applicant and those obtained from the Office the Surgeon General (OTSG).

5. The applicant’s DD Form 214, shows that he entered onto active duty on 4 January 1949, achieved the rank of sergeant, and was honorably separated on 17 June 1952. Item 29 (Wounds Received as a Result of Hostile Action) reflects that he suffered from a shock and concussion injury on 6 April 1951 and a gunshot wound to the right shoulder on 25 May 1951. His awards include the Korean Service Ribbon with 2 Bronze Stars.

6. Information obtained from hospital admission cards created by the OTSG reflect that the applicant was admitted to a hospital on 25 May 1951, with a wound to his shoulder received in battle from a penetrating missile.

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. The Bronze Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

9. The same regulation provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

10. The same regulation provides that the United Nations Service Medal is awarded for service between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.


11. 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 evidence provided by his DD Form 214 establishes that the applicant was wounded in battle on 6 April 1951 and 25 May 1951 and is entitled to two awards of the Purple Heart. A Bronze Oak Leaf Cluster represents the second award of the Purple Heart. He is therefore entitled to have the Purple Heart with 1st Oak Leaf Cluster shown on his DD Form 214.

2. In reviewing his case, it is noted that he is also entitled to the National Defense Service Medal and the United Nations Service Medal.

3. 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 paper (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 Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

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:

a. showing that the individual concerned was awarded two Purple Hearts for wounds received in Korea on 6 April 1951 and 25 May 1951; and

b. showing he was awarded the National Defense Service Medal and the United Nations Service Medal.

BOARD VOTE:

___cla___ ___tsk___ ___cvm_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _______Celia L. Adolphi_________
                  CHAIRPERSON




INDEX

CASE ID AR2002075861
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021010
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
2.
3.
4.
5.
6.


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