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Decision Text

ARMY | BCMR | CY2002 | 2002076162C070215
Original file (2002076162C070215.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 February 2003
         DOCKET NUMBER: AR2002076162


         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. Lester Echols Member
Mr. Allen L. Raub 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 that he be awarded the Purple Heart and any other medals to which he is entitled.

3. The applicant states that he received wounds as the result of combat during the Korean War. He was in Korea from 1952 to 1953. He was with the IX Corps artillery unit as a crewmember. As supporting evidence he provides his DD Form 214 (Report of Separation from the Armed Forces of the United States); Mobile Army Surgical Hospital, 8228th Army Unit, Special Orders Number 23 dated 23 January 1953 (which released him from the Medical Holding Detachment); and Headquarters, IX Corps Artillery Special Orders Number (mostly illegible) dated 16 April 1953 (which appear to have reassigned him for the purpose of separation).

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from documents provided by the applicant.

5. The applicant was inducted into the Army on 5 June 1951. He was honorably released from active duty on 21 May 1953. Item 26 of his DD Form 214 shows he completed 1 year, 2 months, and 25 days of foreign service. Item 27 shows he was awarded the Korean Service Medal with 3 bronze service stars and the Untied Nations Service Medal. Item 28 shows his most significant duty assignment as Headquarters Battery, IX Corps Artillery. Item 29 does not show that he was wounded as a result of enemy action (it contains the entry, “NONE”). Item 48 shows that he signed the DD Form 214, verifying its accuracy.

6. A review of the historical files of Headquarters, IX Corps Artillery, IX Corps, at the National Archives in College Park, MD failed to identify the applicant as being entitled to award of the Purple Heart.

7. Army Regulation 600-8-22 (Military Awards) states 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.

8. Army Regulation 600-8-2 states that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 24 August 1974, both dates inclusive, and between 2 August 1990 and 30 November 1995, both dates inclusive, and between 11 September 2001 to a date to be determined.


9. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War. This document shows that, at the time of the applicant's assignment to Headquarters and Headquarters Battery, IX Corps Artillery, it was cited for award of the Republic of Korea Presidential Unit Citation by Department of the Army General Orders Number 89, dated 1953.

10. 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, Headquarters, 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.

CONCLUSIONS:

1. The Board considered the supporting evidence provided by the applicant. While it noted that Special Orders Number 23 provides evidence that he was hospitalized at some time, there is no supporting evidence to show why he was hospitalized. His DD Form 214 shows that he did not receive any wounds as a result of enemy action and the applicant signed the DD Form 214 at the time he separated. There is insufficient evidence to show he is entitled to award of the Purple Heart.

2. The applicant met the eligibility criteria for award of the National Defense Service Medal. In addition, he was assigned to a unit during a period of time that unit was awarded the Republic of Korea Presidential Unit Citation. His DD Form 214 should be amended to add these two awards.

3. In view of the foregoing, the applicant’s records should be corrected but only as recommended below.

RECOMMENDATION:

1. That the applicant’s DD Form 214 be amended to add the National Defense Service Medal and the Republic of Korea Presidential Unit Citation.


2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__JHL__ __ LE _ __ ALR __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Joann H. Langston _
                  CHAIRPERSON



INDEX

CASE ID AR2002076162
SUFFIX
RECON
DATE BOARDED 2003/02/20
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION PARTIAL
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.



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