PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 February 2003
         DOCKET NUMBER: AR2002077871


         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:

Mr. Raymond V. O'Connor		Chairperson
Ms. Gail J. Wire		Member
Mr. Robert J. Osborn		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, in effect, 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, in effect, that he received wounds to his right shoulder, neck and back in 1952 in Korea. In support of his application, he submits two eyewitness statements; and a letter from a Member of Congress, dated 5 August 2002.

4. The applicant’s military records show that he was inducted on 9 November 1950. He served as an infantryman in Korea from 22 April 1951 through
22 February 1952. The applicant was honorably released from active duty on
8 August 1952 and transferred to the Enlisted Reserve Corps.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 shows the entry, “NONE.”

6. Section 8 (Wounds Received Through Enemy Action) on the applicant’s DD Form 230 (Service Record) is blank. The applicant’s name does not appear on the Korean War Casualty Roster.

7. There are no medical records in the available records.

8. There is no evidence in the applicant’s service personnel records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.

9. In support of his claim for award of the Purple Heart, the applicant provided an eyewitness statement, dated 11 October 1979, from a squad leader at the time in question. This solder attests that the applicant was wounded by heavy mortar drops in early 1952 and removed back to the hospital. The applicant provided a second eyewitness statement, dated 22 September 1979, from a platoon leader at the time in question. This soldier attests that the applicant was wounded by shrapnel in the early part of 1952 and was sent to the hospital for treatment.

10. Headquarters 7th Infantry Division General Orders Number 210, dated
27 May 1952, shows the applicant received the Bronze Star Medal with “V” Device for heroism on 17 January 1952 in Korea. This award is not shown on his DD Form 214.

11. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.
12. The Board notes that the applicant is eligible for the National Defense Service Medal which is not shown on his DD Form 214.

13. 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 the unit, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 30 September 1950 to
27 July 1953 by Department of the Army General Orders Number 22-56. This award is not shown on his DD Form 214.

14. 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.

15. Army Regulation 600-8-22 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. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

16. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

17. 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.

18. 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 noted the applicant’s contention that he was wounded in Korea in 1952.

2. There is no evidence in the applicant’s service records which shows that he was wounded or injured as a result of hostile action.

3. The Board considered the two eyewitness statements provided in support of the applicant’s claim for award of the Purple Heart. However, these statements, made 27 years after the fact, are not sufficient by themselves as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded.

4. The applicant signed his discharge document on 8 August 1952 attesting to the fact that he was not wounded as a result of hostile action with enemy forces and that he was not entitled to the Purple Heart.

5. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

6. The applicant received the Bronze Star Medal with “V” Device for heroism on 17 January 1952. Therefore, the applicant is entitled to correction of his DD Form 214 to show this medal.

7. The applicant is entitled to the first award of the Good Conduct Medal for the period 9 November 1950 through 8 August 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant is entitled to correction of his records to show this award.

8. The applicant is entitled to the National Defense Service Medal; therefore, his DD Form 214 should be corrected to show this medal.

9. The applicant's unit received the Republic of Korea Presidential Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

10. 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 by showing that the individual concerned was awarded the Bronze Star Medal with “V” Device, the first award of the Good Conduct Medal, the National Defense Service Medal and the Republic of Korea Presidential Unit Citation.

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

BOARD VOTE:

RVO___ GJW_____ RJO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077871
SUFFIX
RECON
DATE BOARDED	20030213
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.