Mr. Carl W. S. Chun | Director | |
Ms. Wanda L. Waller | Analyst |
Mr. Raymond V. O’Connor | Chairperson | |
Mr. Arthur A. Omartian | Member | |
Ms. Marla J. Troup | Member |
APPLICANT REQUESTS: Award of the Purple Heart for wounds received in action in Korea.
APPLICANT STATES: That he was wounded in Korea in 1951 and never received the Purple Heart. He contends that he was injured when his jeep hit a land mine.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 13 August 1947. He remained on active duty through continuous reenlistments and served during the Korean and Vietnam Wars. On 29 June 1979, the applicant was honorably discharged by reason of physical disability in the rank of command sergeant major.
The available records do not contain a discharge document covering the applicant’s period of service from 5 October 1950 through 5 February 1956. His records do contain a Certificate of Military Service for this period of service.
There is no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea.
The applicant’s name does not appear on the Korean War Casualty Roster.
The available records do contain a Casualty Report, dated 7 May 1951, which shows that the applicant was accidentally injured on 2 May 1951 in Korea when the jeep he was riding in was forced off the road. The applicant sustained a fracture of the right clavicle. This report also shows the entries, “Nonbattle Casualty” and “NO – PH” [No Purple Heart].
The available records do not contain any medical records for the period of the applicant’s service in Korea.
The Board notes that the applicant’s DD Form 214 (Report of Transfer or Discharge) with an effective date of 4 February 1971 shows the Purple Heart as an authorized award. His DA Form 20 (Enlisted Qualification Record) shows that he sustained a fragment wound to his left leg on 28 February 1968 in Vietnam and that he was awarded the Purple Heart.
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.
Special Regulations Number 615-360-1 (Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. In pertinent part, it directed that a Report of Separation from the Armed Forces of the United States (DD Form 214) is furnished to all enlisted personnel separated from the active military service except for the following: (1) members of the Army Reserve ordered into the active military service for a period of 90 days, or less; (2) members of the Regular Army and reserve components who are reenlisted in the Regular Army at station of discharge within 24 hours of discharge; or (3) members of reserve components discharged while on active duty to reenlist in their respective reserve components (USAR or NG and NGUS) and continue on active duty.
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.
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.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board considered the applicant’s contention that he was wounded in Korea in 1951 when his jeep hit a land mine. However, the evidence of record does not support this contention.
2. Evidence of record shows the applicant was accidentally injured on 2 May 1951 in Korea when the jeep he was riding in was forced off the road. Evidence of record also shows that this injury was a “nonbattle casualty” and there was no entitlement to a Purple Heart.
3. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Korea. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart for wounds received as a result of hostile action in Korea.
4. Evidence of record does show that the applicant was wounded in action on
28 February 1968 in Vietnam and that he was awarded the Purple Heart. This award is properly shown on his DD Form 214 with an effective date of 4 February 1971.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
6. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
RVO____ AAO____ MJT_____ DENY APPLICATION
CASE ID | AR2002078631 |
SUFFIX | |
RECON | |
DATE BOARDED | 20030116 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 107.0015 |
2. | |
3. | |
4. | |
5. | |
6. |
ARMY | BCMR | CY2001 | 2001056921C070420
He states that he was wounded as a result of enemy action on 9 October 1950 while in Korea. However, the Board notes that the official War Department Battle Casualty Report, which was used to notify the applicant’s family of his wound, indicates the applicant was wounded in action. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds sustained on 9 October 1950 while in Korea.
ARMY | BCMR | CY2010 | 20100013954
There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Korea. Therefore, there is insufficient evidence to support award of the Purple Heart in this case. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2001 | 2001064788C070421
Item 29 of that DD Form 214, wounds received as a result of action with enemy forces, has “Flesh, left lower leg. 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. The applicant should provided a copy of his DD Form 214 (and DD Form 215, if appropriate) together with a request that he be issued the award to the US Air Force...
ARMY | BCMR | CY1996 | 9605732C070209
APPLICANT REQUESTS: That his military records be corrected to show that he was awarded the Purple Heart. APPLICANT STATES: That his injuries were not accidental but were sustained as a result of the enemy shelling the column he was in causing two trucks to collide resulting in his injuries. While the evidence of record shows that the applicant sustained an injury in Korea during the Korean War, it does not show that the injury was a result of hostile action.
ARMY | BCMR | CY2002 | 2002077700C070215
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. Evidence of record shows the applicant was slightly injured in action in Korea on 8 March 1951. 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,...
ARMY | BCMR | CY2008 | 20080006430
The applicants military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action...
ARMY | BCMR | CY2004 | 04100878C070208
The applicant’s military records are not available to the Board for review. 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 separation document. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him two Purple Hearts; and b. showing that he is entitled to the...
ARMY | BCMR | CY2002 | 2002079791C070215
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. However, his DD Form 214 does show that he was wounded in action on 20 October 1951 in Korea. 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 on 20...
ARMY | BCMR | CY2004 | 20040000611C070208
He was evacuated for a wound in the left calf of leg (not varicose veins). 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. There is nothing in any other hospital documents regarding the wound.
ARMY | BCMR | CY2003 | 2003087368C070212
The applicant's reconstructed records show the applicant enlisted on 18 July 1950. 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. Therefore, the applicant is entitled to an award of the Purple Heart and correction of item 29 on his DD Form 214 to show he was wounded on 12 February 1951 in Korea.