PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE:
         DOCKET NUMBER: AR2002077450


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Tracey Pinson		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.

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2. The applicant requests correction of his records to show award of the Purple Heart with "two bronze stars." [Based on the applicant's statement that he was wounded in action on 11 February 1951 in Korea and was wounded as a Prisoner of War (POW) in Korea, the Board determined that, in effect, the applicant is actually requesting two awards of the Purple Heart correctly known as the Purple Heart with First Oak Leaf Cluster].

3. The applicant states, in effect, that his two awards of the Purple Heart were omitted from his records. In support of his application, he submitted four discharge documents and three Honorable Discharge Certificates.

4. The applicant’s military records show that he initially served in the Army National Guard from August 1937 to November 1939 and again from October 1940 to July 1945. He enlisted in the Regular Army on 20 March 1947, completed training as a tank crewman and was honorably discharged on 19 March 1950. He reenlisted on 20 March 1950 and served as a tank leader in Korea from 31 July 1950 through 11 February 1951. He was a POW from 11 February 1951 through 30 August 1953. The applicant was honorably discharged from active duty on 28 February 1954 by reason of physical disability.

5. The applicant's personnel records contain three discharge documents. His DD Form 214 (Report of Separation from the Armed Forces of the United States), with an effective date of 28 February 1954 covers all of his Army service in Korea. This DD Form 214 does not show entitlement to any awards of the Purple Heart.

6. Item 29 (Wounds Received As a Result of Action with Enemy Forces) on the applicant's DD Form 214, with an effective date of 28 February 1954, shows the entry "WIA 11 February 1951 Korea."

7. The applicant's WD AGO Form 24A (Service Record) shows he sustained a rocket explosion wound to his face and wrists on 11 February 1951.

8. The Korean War Casualty File from the Internet contains a listing for the applicant. This entry shows that the applicant was an infantryman and that he was a member of the 9th Infantry Regiment of the 2nd Infantry Division when he sustained a wound in action in South Korea on 11 February 1951. Also, this entry shows that the applicant was captured and returned to military control, but there is no indication that he was wounded as a result of hostile action while a POW.

9. Review of the applicant's personnel records revealed that he is entitled to award of the POW Medal, two awards of the Republic of Korea Presidential Unit Citation and the Korean Service Medal with four bronze service stars which are not shown on his discharge documents.
10. The applicant's Service Record shows that he was a POW in Korea from 11 February 1951 to 30 August 1953.

11. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean conflict. This document shows that, at the time of the applicant's assignment to the 9th Infantry Regiment, 2nd Infantry Division, this unit was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 1 to 5 September 1950 by Department of the Army General Orders Number 35-51. The applicant's unit was also cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 16 September 1950 to 26 October 1953 by Department of the Army General Orders Number 10-54.

12. The applicant's DD Form 214, with an effective date of 28 February 1954, shows the Korean Service Medal with three bronze service stars as an authorized award. Section 7 (Combat Record) on his WD AGO Form 24A
shows he received credit for participation in the United Nations Defensive Campaign, the United Nations Offensive Campaign and the Chinese Communist Forces Intervention Campaign.

13. Department of the Army Pamphlet 672-1 shows that, at the time of the applicant's assignment to the 9th Infantry Regiment, it also received campaign credit for the First United Nations Counteroffensive Campaign (25 January to 25 April 1951).

14. Army Regulation 600-8-22 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal. The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

16. Army Regulation 635-5 establishes the standardized policy for preparing and distributing discharge documents. In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the discharge document.


17. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

18. 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.

CONCLUSIONS:

1. The Board considered the applicant's request for two awards of the Purple Heart based on his statement that he was wounded in action on 11 February 1951 in Korea and was wounded as a POW in Korea.

2. Evidence of record shows the applicant sustained a rocket explosion wound to his face and wrists on 11 February 1951 in Korea.

3. Evidence of record also shows the applicant was held as a POW in Korea from 11 February 1951 to 30 August 1953. However, there is no evidence of record available to the Board which shows he was wounded twice as a result of hostile action in Korea. Therefore, the applicant's DD Form 214, with an effective date of 28 February 1954, will be corrected to show only one award of the Purple Heart for wounds he sustained on 11 February 1951.

4. Evidence of record shows the applicant was a POW during the Korea War; therefore, he is entitled to:

a. Correction of his DD Form 214, with an effective date of 28 February 1954, to show award of the POW Medal; and
b. Correction of his DD Form 214, with an effective date of 28 February 1954, to show the entry "Prisoner of War, 9th Infantry Regiment, Korea, 510211-530830" in item 38 (Remarks).

5. Evidence of record shows the applicant's unit, 9th Infantry Regiment of the 2nd Infantry Division, was cited twice for award of the Republic of Korea Presidential Unit Citation. Therefore, he is entitled to two awards of the Republic of Korea Presidential Unit Citation and correction of his records to show these awards.

6. The applicant's DD Form 214, with an effective date of 28 February 1954, shows the Korean Service Medal with three bronze service stars for his participation in three campaigns during the Korean War. However, the applicant received credit for participation in one additional campaign during the Korean War. Therefore, in accordance with the governing regulation, he is entitled to a total of four bronze service stars to be worn on his Korean Service Medal and correction of his records to show these awards.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

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

a. by deleting the Korean Service Medal with three bronze service stars from the DD Form 214, with an effective date of 28 February 1954, of the individual concerned;

b. by amending his DD Form 214, with an effective date of 28 February 1954, to show he was awarded the Purple Heart, the POW Medal, two awards of the Republic of Korea Presidential Unit Citation and the Korean Service Medal with four bronze service stars; and

c. by amending item 38 (Remarks) on his DD Form 214, with an effective date of 28 February 1954, to show the entry " Prisoner of War, 9th Infantry Regiment, Korea, 510211-530830."







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

BOARD VOTE:

KAK____ MHM_____ TLP____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Karol A. Kennedy______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077450
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030128
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015
2.
3.
4.
5.
6.