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ARMY | BCMR | CY2002 | 2002077700C070215
Original file (2002077700C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 January 2003
         DOCKET NUMBER: AR2002077700


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Kathleen A. Newman Chairperson
Ms. Gail J. Wire Member
Mr. Patrick H. McGann 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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

3. The applicant states that he was slightly injured in action in Korea on 8 March 1951. In support of his application, he submits a Western Union Telegram, dated 26 March 1951.

4. The applicant’s military records show that he enlisted on 4 August 1950 for a period of 3 years. He served as an infantryman in Korea from 7 January 1951 through 13 November 1951 and was honorably discharged on 7 August 1953. He subsequently served in the Army from 29 July 1958 through 30 July 1965.

5. The applicant’s DD Form 214 with an effective date of 7 August 1953 does not show the Purple Heart as an authorized award.

6. The applicant provided a Western Union Telegram, dated 26 March 1951, which shows the applicant was slightly injured in action in Korea on 8 March 1951. His records also contain AGO Form 0365 (Battle Casualty Report), dated 26 March 1951, which shows the applicant was slightly injured in action in Korea on 8 March 1951.

7. 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.

8. 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.

9. 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 (DO 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. Evidence of record shows the applicant was slightly injured in action in Korea on 8 March 1951. Therefore, the Board determined that there is sufficient evidence on which to base award of the Purple Heart.

2. Based on the foregoing, the applicant’s DD Form 214 with an effective date of 7 August 1953 should be corrected to show award of the Purple Heart in item
27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) and item 29 (Wounds Received as a Result of Action with Enemy Forces) should be amended to show that he was wounded in Korea on 8 March 1951.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for wounds received in action in Korea on 8 March 1951.

BOARD VOTE:

KAN___ GJW____ PHM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Kathleen A. Newman__
                  CHAIRPERSON




INDEX

CASE ID AR2002077700
SUFFIX
RECON
DATE BOARDED 20030123
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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