PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 January 2003
         DOCKET NUMBER: AR2002078893


         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
Mr. William Blakely		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.

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2. The applicant requests, in effect, that the Purple Heart (PH) be added to the list of awards contained in his separation document DD (Form 214).

3. The applicant states, in effect, that he was wounded as a result of enemy action and that his DD Form 214 does not include the PH he earned as a result. In support of application, he submits a copy of his Transcript of Military Record (DA Form 1861), dated 5 September 1958.

4. The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973. The information herein was gleaned from a copy of his DD Form 214 and a Hospital Admission Card created Department of the Army (DA), Office of The Surgeon General (OTSG).

5. The applicant’s DD Form 214 shows he entered the Army on 17 July 1951, and that he continuously served on active duty until being honorably separated on 17 July 1954. It also shows that he held the rank of private first class on the date of his separation.

6. The applicant’s DD Form 214 also confirms that he served overseas for
1 year, 2 months, and 8 days and that during his active duty tenure he earned the following awards: Korean Service Medal, with 2 bronze service stars; United Nations Service Medal; and the National Defense Service Medal.

7. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not include the PH in the list of authorized awards. However, Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains an entry that verifies that the applicant was wounded in action at Unheog, North Korea on
15 June 1952.

8. A DA OTSG hospitalization file listing for 1953 on file confirms that the applicant was admitted to a medical facility in Korea on 15 June 1952, for treatment of a wound to his shoulder that was caused by artillery shell fragments. This report also verifies that the applicant’s wound was the direct result of action against or by an organized enemy.

9. In support of his application, the applicant provided a copy of a Transcript of Military Record (DA Form 1861), dated 5 September 1958. This document contains an entry in Item 22 (Wounds Received in Action) that the applicant was wounded in Korea on 15 June 1952. Further, the DA Form 1861 includes the PH in the list of authorized awards contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is authorized to members who are wounded in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained in action. The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

11. Chapter 4 contains guidance on awarding the Army Good Conduct Medal (AGCM) and states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. A qualifying period is defined as a 3 year period of continuous enlisted active Federal military service served after
27 August 1940. Although there is no automatic entitlement to the AGCM, disqualification must be justified

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

CONCLUSIONS:

1. The Board notes the applicant’s contention that he should be awarded the PH, and it finds this claim has merit. By regulation, the wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

2. The evidence of record includes a DA Form 1861, DA OTSG Hospitalization Record, and entries in the DD Form 214, that confirm that the applicant was wounded in action in Korea on 15 June 1952, that he received medical treatment for that wound, and that this treatment was made a matter of official record. As a result, the Board finds that the regulatory criteria to award the PH is satisfied, and it concludes that it would be appropriate to add this award to the applicant’s record at this time.

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3. The Board also found the applicant’s record was void of any derogatory information that would have disqualified him from receiving the AGCM. Thus, lacking a specific disqualification from any of the active unit commanders for which he served, the Board concludes that it would be appropriate to award the applicant the AGCM for his 3 year period of qualifying honorable active duty service from 17 July 1951 to 16 July 1954, and to add this award to his record at this time.

4. The applicant is advised that 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 enclosed for the applicant’s use. 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.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart, for being wounded in action on 15 June 1952, while serving as a private first class in Korea; and the Army Good Conduct Medal for his honorable active duty service from 17 July 1951 to 16 July 1954; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:

__KAK__ __MHM _ __TLP __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ _Karol A. Kennedy_ __
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078893
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/01/28
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.