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Decision Text

ARMY | BCMR | CY2002 | 2002078136C070215
Original file (2002078136C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 June 2003
         DOCKET NUMBER: AR2002078136


         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. Carolyn G. Wade Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Ms. Shirley L. Powell Member
Mr. John T. Meixell 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 that his records be corrected to show that he was wounded in Korea on/about 18 March 1951 and that he be awarded the Purple Heart (PH).

3. The applicant states, in effect, that he has never been issued a PH for a wound he received while serving in Korea during the Korean War. He states that medical records will show that he was evacuated to a hospital in Japan and was a patient from March to August 1951.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records and shows that he enlisted in the Regular Army on 3 January 1949 for a period of 3 years. Following completion of all required military training, the applicant was awarded military occupational specialty (MOS) 5832, Petroleum Products Dispenser, and was assigned to Fort Lewis, Washington, for his first permanent duty assignment.

5. On 18 June 1952, the applicant was discharged under the provisions of Army Regulation 615-360 with an honorable discharge upon expiration of his term of service. He was credited with 3 years, 5 months, and 13 days of creditable military service and a total time in service of 3 years, 10 months, and 29 days. His DD Form 214 (Report of Separation From the Armed Forces of the United States) shows he was awarded the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, and Korean Service Medal with 3 bronze service stars.

6. The applicant served in Japan and Korea during his military service. His Korean War service was with the 27th Infantry Regiment, 25th Infantry Division; however, there is no evidence in the record that he was wounded by hostile fire while serving with this unit. There are no hospital records to show that he was treated in a hospital for injuries received from combat and there are no orders to show that the applicant was ever awarded the PH. Morning report records for Company B, 27th Infantry Regiment, dated 19 March 1951, show that he was hospitalized from 8 to 12 March 1951 for illness.

7. The applicant is not listed on The Adjutant General's Office, Korean War Casualty File (TAGOKOR), 1950-1953.

8. On 12 March 2003, a screening team analyst searched the historical files at the National Archives, College Park, Maryland, and was unable to find any documentation that showed the applicant is authorized the award of the PH.

9. 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, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

10. AR 600-8-22 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.

11. 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.

12. As a matter of information, on the occasion of the 50th 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.

13. 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 evidence of record does not support that the applicant was wounded in combat during the Korean War. It does indicate that he was hospitalized in Korea from 8-12 March 1951 for some type of illness, not combat wounds. The applicant has provided no evidence to show that he was wounded; therefore, the Board concludes that there is insufficient evidence to support an award of the Purple Heart.

2. The record does support awarding the applicant the GCMDL for the period 3 January 1949 to 18 June 1952, and the UNSM based upon his receipt of the KSM.

3. In view of the foregoing, the applicant’s records should be corrected, 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 is authorized the GCMDL for the period 3 January 1949 - 18 June 1952, and the UNSM.

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

BOARD VOTE:

__sac___ __slp___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Samuel A. Crumpler
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002078136
SUFFIX
RECON
DATE BOARDED 20030610
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0056
3. 107.0085
4.
5.
6.


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