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Decision Text

ARMY | BCMR | CY2002 | 2002081836C070215
Original file (2002081836C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 10 JULY 2003
         DOCKET NUMBER: AR2002081836


         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. Gale J. Thomas Analyst


The following members, a quorum, were present:

Mr. Roger W. Able Chairperson
Ms. Barbara J. Ellis Member
Mr. Larry C. Bergquist 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 separation document be corrected to show he was awarded the Purple Heart.

3. The applicant states that he was wounded in Korea, and awarded the Purple Heart, however recently he noticed that his award of the Purple Heart was not reflected on his DD Form 214 (Report of Separation from the Armed Forces of the United States). In support of his request he submits a copy of his DD Form 214, and a 5 July 1955 statement from his platoon leader attesting to his injury.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.

5. The applicant was inducted into the Army of the United States on
20 November 1952, for a period of 2 years.

6. The Korean Casualty File shows the applicant was wounded in action by a missile in July 1953.

7. On 19 November 1954, he was released from active military service. His DD Form 214 indicates he had 2 years of creditable service, and was awarded the National Defense Service Medal, the United Nations Service Medal, the Combat Infantryman’s Badge, the Korean Service Medal w/1 bronze service star, and the Good Conduct Medal.

8. A statement submitted by the applicant from his platoon leader attests to his being wounded by missile fire.

9. 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.

10. 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. 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 of all services. To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarter, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. 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. Evidence shows the applicant sustained wounds as a result of hostile action while serving in Korea, and is entitled to award of the Purple Heart. His records should be corrected to reflect this award.

2. 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 applicant the Purple Heart for wounds sustained as a result of hostile action in July 1953 while serving in Korea.

BOARD VOTE:

__RWA__ __BJE _ __LCB __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Roger W. Able_____
                  CHAIRPERSON



INDEX

CASE ID AR2002081836
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030710
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. 107.00
2.
3.
4.
5.
6.


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