MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 10 JUNE 2003
         DOCKET NUMBER: AR2002079299

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Ms. Shirley L. Powell		Member
Mr. John T. Meixell		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That his records be corrected to reflect award of the Purple Heart and that item 29 (wounds received in action with enemy forces) be corrected to show that he was wounded on 5 November 1950.

APPLICANT STATES: In effect, that he was wounded in battle on 5 November 1950 and sustained injuries to his right foot and left knee, as well as mortar fragments in his back. He states those wounds are not reflected on his separation document and that he was not awarded the Purple Heart. He states he needs his records corrected to secure Department of Veterans Affairs benefits and for his family’s history. In support of his request he submits a copy of documents confirming his unit’s participation in a battle on 5 November 1950, that he was in the combat theater at the time, and a copy of a separation physical examination.

EVIDENCE OF RECORD: The applicant's military records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed from alternative sources, including information from documents provided by the applicant.

The applicant entered active duty on 30 December 1948. According to documents provided by the applicant, he received combat pay for the months of August through December 1950 while a member of Battery C, 61^st Field Artillery Battalion.

A 9 November 1950 statement, authored by a British commander notes that the applicant’s unit, as a well as another battery, were present during an enemy attack “at about 0800 hrs” on 5 November 1950. The British commander specifically commended the commander of A Battery, 61^st Field Artillery. However, he made no mention of any injuries suffered by members of either participating battery.

A “Unit Report” for the applicant’s organization, dated 5 November 1950, notes that the unit did have contact with enemy forces on the 5^th of November, but that no casualties were sustained. A review of the historical files of the 61^st Field Artillery at the National Archives in College Park, Maryland, failed to reveal an order awarding the applicant the Purple Heart.

The applicant’s separation document indicates he was deployed overseas for approximately 12 months where he was awarded, among other things, the Korean Service Medal. He was discharged on 31 December 1951.

His separation document, which he authenticated, does not reflect entitlement to the Purple Heart and item 29 (wounds) reflects “NONE.” The applicant’s separation physical examination, which would have been conducted in conjunction with his separation processing, does state that the applicant sustained a wound to his “lower left quadrant” from a mortar shell.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 also provides for award of the National Defense Service Medal for honorable active service for any period between 27 June 1950 and 27 July 1954 and 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. Neither of these decorations are reflected on the applicant’s separation document.

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 award to eligible United States veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to the veterans. The Department of Defense has 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 provide a copy of their discharge paper (Department of Defense 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 separation document.

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. Although the applicant’s separation examination may note that the applicant sustained a wound to his “lower left quadrant” as a result of a mortar shell, there is insufficient medical evidence available to the Board which confirms that the injury was the result of hostile action. The Board notes that the applicant was a member of a field artillery unit and that the documents that he submitted in support of his request merely confirm that his unit encountered enemy forces on 5 November 1950. The documents do not, however, confirm that the applicant was wounded during that incident. The Board notes that the unit report for that day indicated that the unit did not sustain any casualties.

2. In the absence of more conclusive evidence, the Board concludes there is in sufficient evidence on which to base an award of the Purple Heart.

3. 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.

NOTE: Officials at the Army Review Boards Agency Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the National Defense Service Medal and the United Nations Service Medal.


BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__SAC __ __SLP __ __JTM __ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002079299
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030610
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.