PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 March 2003
         DOCKET NUMBER: AR2002077896


         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Thomas A. Pagan		Chairperson
Mr. Roger W. Able		Member
Mr. John A. Kelley		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart (PH).

3. The applicant states that he was wounded in the Korean War, but he was not issued the PH until 1994. He requests that the Board provide him a DD Form 215 (Correction to DD Form 214) adding the PH to his DD Form 214. In support of his request, he submits a copy of a letter from the Honorable Thomas E. Petri, Representative in Congress, dated 7 November 1994, advising him that his request for award of the PH had been approved by Department of the Army. He also submits a copy of his DD Form 214 and Honorable Discharge Certificate, and a letter from the Veterans’ Service Office, Fond du Lac, Wisconsin.

4. The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973. Information herein is limited to a reconstructed record and those documents that were obtained from the applicant.

5. The evidence available shows that the applicant was inducted into the Army of the United States on 8 January 1951. He was trained as an infantryman and assigned to the 179^th Infantry Regiment, 45^th Infantry Division in Korea.

6. An undated Western Union telegram shows that the applicant's wife was notified by the Secretary of the Army that the applicant had been wounded in action in Korea on 21 June 1952.

7. A Hospital Admissions Card, created by the Department of the Army, Office of the Surgeon General in 1953, shows that the applicant was admitted to an overseas Army medical treatment facility on 21 June 1952 after he received a grenade fragment wound to his buttocks and hip area. The injury did not involve nerve or artery damage and occurred while the applicant was in action against an enemy force.

8. On 9 October 1952, the applicant was honorably separated from active duty and transferred to the United States Army Reserve. His DD Form 214 shows that he was awarded the Army of Occupation Medal for Japan, the Korean Service Medal with 1 bronze campaign star (currently known as the bronze service star), the Combat Infantryman Badge, and one Overseas Service Bar. It does not show the PH as an authorized award, however Item 29 (Wounds Received as a Result of Action) is annotated "Chorwun, Korea, 21 June 1952."

9. On 27 October 1993, the Military Awards Branch, US Total Army Personnel Command, authorized award of the PH to the applicant for wounds he received at Chorwun, Korea, on 21 June 1952.

10. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides that the Good Conduct Medal (GCMDL) 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. The available evidence does not show that the applicant’s unit commander disqualified him for award of the GCMDL; therefore, he is authorized award of the GCMDL.

11. AR 600-8-22 provides, in pertinent part, for award of the National Defense Service Medal (NDSM) for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 and 14 August 1974, and between 2 August 1990 and 30 November 1995. The applicant is authorized this award for his service from 8 January 1951 to 8 October 1952.

12. AR 600-8-22 also provides for award of the United Nations Service Medal (UNSM). In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

13. As a matter of information, on the occasion of the 50^th anniversary of the Korean War, the Government of the Republic 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.

14. 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 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 applicant was awarded the PH in 1994 for wounds received during the Korean War. His DD Form 214 was not corrected to reflect award of this medal.

2. The applicant is authorized award of the GCMDL and the NDSM for the period of service from 8 January 1951-8 October 1952; and the UNSM for participating in the Korean War. His DD Form 214 should be corrected to show these awards.

3. Additionally, the applicant is authorized award of the Korean War Service Medal (KWSM) and should apply to the Department of the Air Force for issuance of that foreign decoration.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 to show award of the PH, the GCMDL, the NDSM, and the UNSM.

2. A Republic of Korea Korean War Service Medal fact sheet and application are provided for use by the applicant should he desires to obtain the KWSM.

BOARD VOTE:

__tap___ __rwa___ __jak___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Thomas A. Pagan
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077896
SUFFIX
RECON
DATE BOARDED	20030313
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0056
3.	107.0069
4.	107.0085
5.	107.0070
6.