| Mr. Carl W. S. Chun | Director | |
| Mr. Hubert S. Shaw, Jr. | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Roger W. Able | Member | |
| Ms. Regan K. Smith | Member |
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, the Bronze Star Medal, and the Good Conduct Medal and to show that he was wounded on 15 July 1953 instead of 18 July 1953.
APPLICANT STATES: That during his rotation from Japan to the United States he was told that his awards would follow; however, they did not. He continues that he wrote to the Regimental Commander at the time, now Commanding General of the 101st Airborne Division, who confirmed the facts of his wounding. The applicant also states that the Adjutant General wrote that the applicant was hospitalized for a heat injury and the affidavit from the 3rd Battalion's medical officer at the time could not be accepted as proof of the applicant's wounding.
The applicant contends that his wounding occurred on 15 July 1953 and the Army failed to separate two separate events: 1) wounds received on 15 July 1953; and 2) his evacuation for dysentery/heat exhaustion on 18 July 1953. He states that his "EMT" Tag was left in his medical aid kit at the front lines and never recovered after his return from the hospital.
The applicant also stated that, when he shipped back to his base in Japan, his name, his brother's name and the names of two other soldiers appeared on the company bulletin board "for the Bronze Star Award." The applicant also stated that he and his brother do not remember the names of the other two soldiers or unit to which they were assigned.
In support of his application, the applicant provided two documents addressing award of the Purple Heart and the Bronze Star Medal and 19 documents as listed on an index of documents. Among these documents are two letters (28 July 1958 and 6 August 1958) from a General Officer; statements from the applicant, his brother and fellow soldiers who served with the applicant in Korea; and a copy of his DD Form 214.
EVIDENCE OF RECORD: The applicant’s military records have been lost or destroyed. The Board is considering this case based on reconstructed service personnel records and Unit Morning Reports. There are no service medical records available and the Army Review Boards Support Agency-St. Louis reported the hospital admission data maintained by the Office of the Surgeon General of the Army contains no records pertaining to the applicant.
The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States), which is authenticated in his own hand, does not show award of the Purple Heart, the Bronze Star Medal, or the Good Conduct Medal.
Item 29 (Wounds Received As A Result Of Action With Enemy Forces) of the applicant's DD Form 214 shows the entry, "Northern Korea 18 Jul 53."
Item 38 (Remarks) shows the entry, "FIVE (5) DAYS LOST UNDER SECTION 6A APP [Appendix] 2B MCM [Manual for Courts-Martial] 1951."
In support of his claim for award of the Purple Heart, the applicant provided a copy of a 28 July 1958 letter to the Major General in command of the 101st Airborne Division at that time [formerly the colonel in command of the 187th Regimental Combat Team in Korea] and the Major General's 6 August 1958 response. The 6 August 1958 response states essentially that a medical doctor [apparently the battalion surgeon during operations in Korea hereafter identified as Dr. F] corroborated statements made by the applicant and his brother in their 28 July 1958 letter.
Among the papers submitted by the applicant is a 1st Indorsement, dated 25 September 1958, from the Office of the Department of the Army Adjutant General which states that the Morning Reports of Company L, 187th Regimental Combat Team, show the applicant's brother "From duty to absent sick effective 18 July 53. Medical records indicate that he was removed from Hill 604 by litter and taken to the clearing station because of heat exhaustion. There is nothing in the records to indicate that [first name of the applicant's brother omitted] was injured or wounded on 15 July 1953."
Paragraph 2 of this 1st Indorsement states that [the applicant's name omitted] "was absent sick in hospital from 18 July to 20 July 1953. There is nothing of record to indicate this hospitalization was for anything other than illness."
Paragraph 3 of this 1st Indorsement also states that "Regulations provide that the fact of the wound and the medical treatment must be made a matter of official record during the period of hostilities or within six months thereafter. Therefore, the affidavit of Dr. [last name omitted] may not be accepted at this time." The referenced affidavit is not among the papers submitted by the applicant.
Attached to the 1st Indorsement is a statement by the applicant wherein he contends that he reported the fact he and his brother were wounded on 15 July 1953 to the 3rd platoon leader of Company L and to the unit medical officer [Dr. F] at the battalion aid station. He further states that the 3rd Platoon leader was killed in action the following night on 16 July 1953. In conclusion, the applicant stated that his wounds and his brother's wounds on 15 July 1953 and his evacuation for heat exhaustion on 18 July 1953 were two separate items and that, because of the 3rd platoon leader's death, no formal reports of their wounds were rendered.
The applicant also provided a copy of a 17 February 2000 letter from retired colonel [hereafter identified as Colonel W] who formerly served as the Executive Officer and Company Commander of Company L, 187th Regimental Combat Team. He wrote that he had no personal knowledge of the events described by the applicant, but that he had discussed these events with members of the unit who were present at the time and that he was "confident that the statements submitted are factual."
The applicant provides six statements authored by the applicant or his brother wherein they describe events purported to have occurred on 15 July 1953 and on 18 July 1953. The first statement [identified as Item DD-149-10-I] is five pages with the first page signed by the applicant. Also on this first page is the sentence "I confirm and attest to the validity of the following actions and particulars" after which appears the name and signature of a person [hereafter identified as Corporal EW]. Corporal EW is referred to in the statement as a soldier treated by the applicant on 15 July 1953. The front page also bears a notary seal, dated 22 February 2000. Pages 2 through 5 of this statement set forth events involving the treatment of soldiers [Sergeant First Class JH, Sergeant J, Corporal EW, and Corporal AC] and the wounding of the applicant and his brother. It also describes events on 18 July 1953, essentially an outbreak of dysentery which resulted in evacuation of the applicant's brother and the applicant to a hospital. The applicant asserts that the illness sustained on 18 July 1953 has nothing to do with the wounds sustained by the applicant and his brother on 15 July 1953.
The second statement [identified as item DD-149-10-J] contains the same five pages as described above, but it is signed by a different individual [hereafter identified as Corporal AC] who is referenced as being a soldier treated by the applicant or his brother on 15 July 1953. It was notarized on 15 February 2000. Pages 2 through 5 of this statement are exact copies of pages 2 through 5 of the statement in item DD-Form-149-I.
The third statement [identified as DD-149-10-K1] is exactly the same as item
DD-149-I and item DD-149-J, but it is signed by the applicant and attested to by both the applicant and his brother. It was notarized on 4 February 2000.
The fourth statement [identified as DD 149-10-K2] is exactly the same as the third statement, but it is authenticated by the applicant and attested to by the applicant. Pages 2 through 5 of this statement are exact copies of pages 2 through 5 of the statement in item DD-149-I, DD-149-J, and DD-149-K1.
The fifth statement [identified as DD-149-10L] purportedly describes the events of 15 July 1953 and emphasizes the fact that the applicant and his brother were wounded on 15 July 1953 and that this event was totally unrelated to the "dysentery" for which he was hospitalized on 18 July 1953. This statement was signed by the applicant and contains the typed statement "I confirm and attest to the validity of the following actions and particulars." It is signed by Corporal EW and it is notarized on 22 February 2000.
The sixth statement [identified as DD-149-10P] provided by the applicant was authored by his brother. The author describes that he found the applicant on 15 July 1953 with a bump on the right side of his head which was bleeding. The author stated that the applicant's wound was caused by his helmet being dented as he was thrown out of the trench by the an "enemy bursting shell." The author further states that the applicant also suffered from "temporary paralysis on his right side caused by the concussion which soon subsided," that he had a 1 and 1/2 inch long and 1/2 inch deep wound on his right shoulder from a piece of shrapnel which penetrated his flak jacket, and that he had a small wound on his left arm which may have been incurred during the initial explosion or later during the course of the action. The author contends that he treated the applicant, that he notified Dr. F he and his brother had been wounded and that he filled out "EMT Tags" which were placed in his medical kit that was lost. This statement was signed by the applicant's brother and notarized on 4 February 2000.
The seventh statement [identified as DD-149-10Q] provided by the applicant is authored by the applicant and is signed by the applicant and attested to by the applicant and his brother. It was notarized on 4 February 2000. This statement essentially recounts the applicant's medical treatment of a soldier [hereafter referred to as Sergeant GK] which the applicant believes was the basis for award of the Bronze Star Medal to him and his brother.
The applicant also provided a copy of his brother's 4 February 2000 letter [identified as DD-149-10T] to Colonel W regarding award of the Purple Heart and the Bronze Star Medal. In that letter, the applicant's brother requests award of the Combat Medical Badge. The letter also states that "narrations" were submitted to Colonel W and that they would be typewritten and sent out for authentications after Colonel W's review.
The applicant also provided a copy of his brother's five-page letter, dated 27 December 2000, [identified as DD -149-10U] to Colonel W regarding award of the Combat Medical Badge to the applicant's brother since it was not shown on his DD Form 214.
The applicant also provided a statement by Corporal EW [identified as item DD 149-10V] in which Mr. EW states that the applicant and his brother were wounded on 15 July 1953. This statement was notarized on 20 December 2000.
The applicant also provided a statement by Corporal AC [identified as
DD-149-10W]. Corporal AC states that he witnessed the fact that the applicant and his brother "were both wounded by shrapnel splinters while treating and evacuating" Sergeant JH and Corporal EW. This statement was notarized on 7 December 2000.
The applicant also provided a one-page of summary of the facts regarding why the Purple Heart was not awarded to the applicant and his brother. He also provided a one-page summary of the facts regarding why the applicant and his brother did not receive the Bronze Star Medal.
There are no service personnel records available to the Board which show the applicant was wounded as a result of hostile action. There are also no General Orders in the applicant's service personnel records which show the applicant was awarded the Purple Heart.
There are also no service medical records available to the Board which show that the applicant was wounded as a result of hostile action. The applicant's name is not listed on the Korean War Casualty Roster.
There is no indication in the limited records available to the Board that the applicant was recommended for award of the Bronze Star Medal. There are also no General Orders available to the Board which show that the applicant was awarded the Bronze Star Medal.
The Morning Reports for Company L, 187th Regimental Combat Team, during the period 15 July 1953 through 20 July 1953 do not show that the applicant or his brother was evacuated for wounds sustained in action on 15 July 1953. The Morning Report for that day also states that 3rd Platoon engaged in a fire fight approximately 30 minutes, the company was improving its positions and total casualties were one lightly wounded in action, four seriously wounded in action and one killed in action. The Morning Report for 15 July 1953 shows the duty status of Corporal EW and Sergeant First Class JH was changed from duty to seriously wounded in action evacuated to hospital. This Morning Report also shows that Sergeant First Class J was killed in action on 15 July 1953 near Kumwha, North Korea.
The Morning Report for 16 July shows Sergeant GK's duty status was changed to seriously wounded in action right leg and buttocks vicinity of Kumwha, North Korea.
There is no mention of Corporal AC in any Morning Reports during the period 15 through 20 July 1953.
A staff member of the Army Review Boards Agency conducted a review of unit records maintained at the National Archives in College Park, Maryland. Review of these records did not reveal any General Orders authorizing the applicant an award of the Purple Heart or the Bronze Star Medal.
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.
Army Regulation 600-8-22 provides 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. This regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.
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.
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.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board considered the applicant's request for award of the Purple Heart.
2. The Board noted the applicant's DD Form 214 shows an entry in item 29 which indicates he was wounded in Northern Korea on 18 July 1953.
3. However, the Board also noted that there is no military record which shows that the applicant was wounded or treated for wounds as a result of hostile action.
4. The Board also noted that the applicant's DD Form 214, which is authenticated in his own hand at the time of his separation from active duty, does not show award of the Purple Heart.
5. The Board also noted the 1st Indorsement by the Office of The Adjutant General of the Army which states that the applicant was reported as absent as a result of sickness and hospitalized from 18 July 1953 to 20 July 1953.
6. The Board also noted that the preponderance of the information in this case is based on statements authored by the applicant and his brother, not military records.
7. While the Board does not doubt that the applicant was involved in combat with enemy forces, his self-authored statements are insufficient, by themselves as a basis to change the date, "18 Jul 53," in item 29 of his DD Form 214 to 15 July 1953. The Board also determined that these statements are insufficient, by themselves, as a basis for award of the Purple Heart, particularly in view of the military records which show that the applicant was not awarded the Purple Heart and/or was not wounded. In the absence of orders awarding the Purple Heart or military medical records showing that competent military medical authority determined the applicant was wounded as a result of hostile action and treated for those wounds as required by the Army awards regulation, there is no basis to correct the applicant's records to show award of the Purple Heart.
8. The Board noted the applicant's request for award of the Bronze Star Medal. There are no General Orders awarding the applicant the Bronze Star Medal and there is no evidence of a recommendation for award of the Bronze Star Medal to him. As a result, there is insufficient evidence upon which to base correction of the applicant's records to show award of the Bronze Star Medal.
9. The Board noted the applicant's request for award of the Good Conduct Medal. Although there is no evidence the applicant was awarded the Good Conduct Medal or that he was disqualified for this award, the Board noted that the applicant's DD Form 214 shows that he had five days of lost time which is a disqualifying factor for award of the Good Conduct Medal. In view of the applicant's five days of lost time, the Board has determined that the applicant was disqualified from receiving the Good Conduct Medal and that his records will not be corrected to show this award.
10. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
11. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___JNS__ __RWA_ ____RKS____ DENY APPLICATION
| CASE ID | AR2002077366 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030821 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | MR CHUN |
| ISSUES 1. | 107.0000.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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