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ARMY | BCMR | CY2002 | 2002078913C070215
Original file (2002078913C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 January 2003
         DOCKET NUMBER: AR2002078913


         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:

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.


2. The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 18 January 1954 to show award of the Purple Heart and the Army Good Conduct Medal.

3. The applicant’s request for the issuance of awards and decorations which he earned in the Navy during World War II and in the Army during the Korean War, was addressed by separate correspondence.

4. The applicant states, in effect, that he served in the Navy from 1945 to 1949 during World War II and was awarded the World War II Victory Medal, the Asiatic-Pacific Campaign Medal and the Good Conduct Medal. In support of his application, he submits a copy of his DD Form 214 issued by the Army with an effective date of 18 January 1954.

5. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. The applicant’s records consist primarily of a DD Form 214 showing his Army service from 11 October 1949 through
18 January 1954. The DD Form 214 shows the applicant served over 3 years and 9 months of active duty prior to his enlistment in the Regular Army on
11 October 1949. He served as an infantryman in Korea and was honorably discharged on 18 January 1954.

6. The applicant’s DD Form 214 with an effective date of 18 January 1954 does not show the Purple Heart or the Army Good Conduct Medal as authorized awards.

7. The Korean War Casualty Roster shows the applicant was wounded in action on 2 November 1950.

8. There is no evidence the applicant received the first award of the Army Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.

9. The applicant’s DD Form 214 shows the Korean Service Medal as an authorized award. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal. The United Nations Service Medal is not shown on his discharge document.

10. 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.

11. Army Regulation 600-8-22 provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.

12. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. 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 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.

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 (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.

CONCLUSIONS:

1. The Korean War Casualty Roster shows the applicant was wounded in action on 2 November 1950. Therefore, the applicant’s DD Form 214 with an effective date of 18 January 1954 should be amended to show award of the Purple Heart for wounds sustained on 2 November 1950 in Korea.

2. The applicant is entitled to the first award of the Army Good Conduct Medal based on completion of a period of qualifying service of three years from
11 October 1949 through 10 October 1952. Therefore, he is entitled to correction of his DD Form 214 with an effective date of 18 January 1954 to show this award.

3. The applicant received the Korean Service Medal; therefore, he is entitled to correction of his DD Form 214 to show award of the United Nations Service Medal.

4. 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:

         a. by adding the entries, “Purple Heart”, “Army Good Conduct Medal” and “United Nations Service Medal” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 18 January 1954 of the individual concerned;

         b. by deleting the entry, “Not Verified” in item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214; and

         c. by adding the entry, “Korea, 2 November 1950” in item 29 on his DD Form 214.

BOARD VOTE:

KAK___ MHM____ TLP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Karol A. Kennedy______
                  CHAIRPERSON




INDEX

CASE ID AR2002078913
SUFFIX
RECON
DATE BOARDED 20030128
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0056
3. 107.0000
4.
5.
6.


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