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Decision Text

ARMY | BCMR | CY2002 | 2002076314C070215
Original file (2002076314C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF: .
                                   
        

         BOARD DATE: 3 April 2003
         DOCKET NUMBER: AR2002076314


         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. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Roger W. Able Member
Mr. Patrick H. McGann, Jr. 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 his Report of Separation (DD Form 214), be corrected to show the Purple Heart.

3. The applicant states that he was awarded the Purple Heart however, it is not on his discharge documents. He requests that it be added for personal, historical, and VA (Department of Veterans Affairs) entitlement reasons. The applicant submits a copy of his Purple Heart Certificate in support of his request.

4. The Board has been unable to obtain the applicant's military records and they are presumed to have been lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records, the applicant’s pay records, and other sources.

5. The records show that the applicant entered active duty on 13 September 1945 and was honorably discharged on 5 March 1947. He reenlisted on 9 February 1949 and was discharged on 27 March 1953 with a 10% disability evaluation.

6. The applicant’s 27 March 1953 DD Form 214 lists the applicant’s awards and decorations as the Korean Service Medal with four bronze service stars, the Combat Infantryman Badge, and the Distinguished Unit Citation (now known as the Presidential Unit Citation).

7. On 15 December 1955, this Board reviewed the applicant’s records and granted restoration of rank to sergeant first class. The case summary report of the prior Board review shows that the applicant served two periods of active duty.

8. During the first period he served overseas from 17 July 1946 through 14 February 1947 and was authorized the World War II Victory Medal and the Army of the Occupation Medal (Italy).

9. During his second period of service, the record shows that he served in Korea from 9 September 1950 through 26 November 1951, with award of the Purple Heart, the Korean Service Medal with four bronze service stars, the Combat Infantryman Badge, and the Distinguished Unit Citation.

10. The historical files at the National Archives College Park, Maryland, for the applicant’s unit, Company C, 9th Infantry Regiment, 2nd Infantry Division, during the Korean War were reviewed. This review failed to identify the applicant as being entitled to award of the Purple Heart.

11. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 and the present.

12. 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.

CONCLUSIONS:

1. The Board finds that the notations in the report of the prior Board review and the copy of the certificate awarding the applicant the Purple Heart are sufficient to show that he was entitled to and awarded the Purple Heart.

2. The Board notes that in addition to the awards and decorations on the applicant’s 1953 DD Form 214, he is entitled to the National Defense Service Medal.

3. Therefore, the Board concludes that it is in the interest of justice to correct the applicant’s records to show his awards as the Purple Heart, the Korean Service Medal with four bronze service stars, the Combat Infantryman Badge and, the Distinguished Unit Citation (now known as the Presidential Unit Citation).

4. 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 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.

5. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error or injustice.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to show that the individual concerned was authorized and awarded the Purple Heart, the World War II Victory Medal, the Army of the Occupation Medal (Italy), the Korean Service Medal with four bronze service stars, the Combat Infantryman Badge, and the Presidential Unit Citation.


BOARD VOTE
:

_SAC____ __RWA_ _PHM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Samuel A. Crumpler____
                  CHAIRPERSON



INDEX

CASE ID AR2002076314
SUFFIX
RECON
DATE BOARDED 20030403
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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