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Decision Text

ARMY | BCMR | CY2002 | 2002076405C070215
Original file (2002076405C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 26 SEPTEMBER 2002
         DOCKET NUMBER: AR2002076405


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Raymond J. Wagner Member
Ms. Karen Y. Fletcher 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 and Bronze Star Medal. He states his separation report confirms that he was wounded, but neither the Purple Heart, nor the Bronze Star Medal are reflected on his DD Form 214 (Report of Separation from the Armed Forces of the United States). He submits only a copy of his DD Form 214 in support of his request.

3. The applicant's military personnel file was apparently lost or destroyed during the 1973 fire at the National Personnel Records Center in St. Louis. Information contained herein was reconstructed from alternative documents, including the DD Form 214 provided by the applicant.

4. The applicant entered active duty on 19 July 1951 and served until 20 March 1953. During his period of military service he was assigned overseas for 10 months where he was awarded the Korean Service Medal with one bronze service star denoting participation in one designated campaign period.

5. On 20 October 1952 the applicant sustained multiple fragment wounds as a result of hostile action. His combat wounds are confirmed in a unit morning report issued by Company E, 14th Infantry, in item 29 on his DD Form 214, and in files maintained by the Office of The Surgeon General. There is, however, no indication the applicant was ever awarded the Purple Heart.

6. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

7. Army Regulation 600-8-22 provides that the National Defense Service Medal was awarded to soldiers who served honorably between 27 June 1950 and
27 July 1954. That award was omitted from the applicant's DD Form 214.

8. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The Bronze Star Medal was, however, authorized as a conversion award for those soldiers awarded a Combat Infantryman Badge during World War II.

9. 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 to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to the veterans.

10. 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 or their surviving next of kin. To apply, veterans must provide 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.

CONCLUSIONS:

1. The evidence confirms that the applicant was wounded as a result of hostile action 20 October 1952 while in Korea. He is entitled to an award of the Purple Heart.

2. The evidence also confirms that the applicant is entitled to the National Defense Service Medal, which was omitted from his separation document.

3. There is, however, no evidence, and the applicant has not provided any, which confirms that he was ever recommended for, or award, the Bronze Star Medal. Additionally, the Board notes that the applicant was not awarded the Combat Infantryman Badge during World War II, and would not be entitled to the Bronze Star Medal as a conversion award. As such, there is insufficient evidence for the Board to conclude that he is entitled to that decoration.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by awarding the individual concerned the Purple Heart for wounds sustained on 20 October 1952; and

b. by showing that he is entitled to the National Defense Service Medal.


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

BOARD VOTE:

__RVO__ __RJW__ __KYF___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2002076405
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020926
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. 107.00
2.
3.
4.
5.
6.


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