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Decision Text

ARMY | BCMR | CY2002 | 2002077704C070215
Original file (2002077704C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 January 2003
         DOCKET NUMBER: AR2002077704


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


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 and the Bronze Star Medal.

3. The applicant states, in effect, that he was wounded in action on 7 November 1951 in Korea and never received the Purple Heart. He also contends that he was told that he was awarded the Bronze Star Medal. In support of his application, he submits a letter, dated 8 August 2002, from the Disabled American Veterans in Detroit, Michigan; a copy of his DD Form 214; a Western Union telegram, dated 16 November 1951; a letter, dated 1 December 1951, from a Member of Congress; and a letter, dated 15 November 1951, from the Tokyo Army Hospital.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 2 March 1951 for a period of 3 years. He served as an infantryman in Korea and was honorably discharged on 20 February 1954.

5. The applicant’s DD Form 214 does not show the Purple Heart or the Bronze Star Medal as authorized awards.

6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 shows the entry, “NONE.”

7. In support of his claim for award of the Purple Heart, the applicant provided a Western Union telegram, dated 16 November 1951. This telegram states the applicant was seriously wounded in action in Korea on 7 November 1951. He also provided substantive evidence relating to his wounds received in combat in Korea.

8. There is no evidence in the available records which shows the applicant was recommended for or awarded the Bronze Star Medal.

9. 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.

10. Army Regulation 600-8-22 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

11. 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.

12. 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. Evidence of record shows the applicant was seriously wounded in action in Korea on 7 November 1951. Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show he was wounded in action in Korea on 7 November 1951.

2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

3. 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 adding the entry, “Purple Heart” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned;
         b. by deleting the entry, “NONE” in item 29 (Wounds Received as a Result of Action With Enemy Forces) on the DD Form 214; and

         c. by adding the entry, “Korea, 7 November 1951” in item 29 on his DD Form 214.

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




INDEX

CASE ID AR2002077704
SUFFIX
RECON
DATE BOARDED 20030128
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0014
3.
4.
5.
6.


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