Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002082563C070215
Original file (2002082563C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 17 JULY 2003
         DOCKET NUMBER: AR2002082563

         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:

Ms. Joann H. Langston Chairperson
Ms. Regan K. Smith 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)


APPLICANT REQUESTS: Award of the Purple Heart.

APPLICANT STATES: He was treated for a chest wound caused by shrapnel from an enemy round. He notes that he received the Commendation Ribbon with Metal Pendant, but never did receive the Purple Heart. In support of his request he submits a copy of his Commendation Ribbon with Metal Pendant award order.

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

The applicant entered active duty on 18 July 1952 and served overseas for approximately 16 months where he was awarded, among others things, the Korean Service Medal and the Commendation Ribbon with Metal Pendant. The commendation ribbon recognized his meritorious service in Korea during the period 8 July 1953 to 27 July 1953.

On 28 May 1954 the applicant was released from active duty. His separation document, which he authenticated, does not reflect entitlement to the Purple Heart and item 29 (wounds received as a result of action with enemy forces) reflects "NONE."

There were no medical records provided by the applicant, or available to the Board. A review of historical files, maintained at the National Archives in College Park, Maryland, failed to confirm the applicant's entitlement to the Purple Heart.

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.

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 US 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 (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 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. There is no evidence, nor has the applicant provided any, which confirms he was wounded as a result of hostile action during the Korean War. In the absence of such evidence, there is no basis for the Board to award the applicant the Purple Heart. His Commendation Medal with Metal Pendant, which recognized his meritorious service while in Korea, is insufficient evidence to conclude that he should also have been awarded the Purple Heart.

2. 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.

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.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__JHL __ __RKS__ ___JTM _ DENY APPLICATION



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




INDEX

CASE ID AR2002082563
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030715
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.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002074473C070403

    Original file (2002074473C070403.rtf) Auto-classification: Approved

    There is no evidence in the applicant’s service personnel records that shows he was awarded the Purple Heart or was wounded as a result of hostile action. 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, evidence of record shows the applicant participated in three campaigns during his assignment in Korea which are not...

  • ARMY | BCMR | CY2004 | 20040001181C070208

    Original file (20040001181C070208.doc) Auto-classification: Approved

    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 were no wounds indicated on the October 1945 report of physical examination, and his January 1946 separation report was negative for wounds received in action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2003 | 2003088435C070403

    Original file (2003088435C070403.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. A copy of a 21 November 1953 Department of the Army (DA) Certificate shows the applicant was awarded the Commendation Ribbon with Metal Pendent for meritorious service in Korea from 15 April to 31 August 1953. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to...

  • ARMY | BCMR | CY2002 | 2002081721C070215

    Original file (2002081721C070215.rtf) Auto-classification: Approved

    The applicant requests that his records be corrected to reflect award of the Army Commendation Medal. 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. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Commendation Medal and that...

  • ARMY | BCMR | CY2003 | 2003085773C070212

    Original file (2003085773C070212.rtf) Auto-classification: Approved

    In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. 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. a. awarding the applicant the Army Good Conduct Medal for the period 7 May 1952 through 20 January 1954; and

  • ARMY | BCMR | CY2003 | 2003083816C070212

    Original file (2003083816C070212.rtf) Auto-classification: Approved

    The applicant states that his DD Form 214 (Report of Separation from the Armed Forces of the United States) reflects that he was wounded as a result of action with enemy forces on 2 June 1953 and that he was awarded the Purple Heart, but the award is not reflected in his military service records. 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...

  • ARMY | BCMR | CY2003 | 03094250C070212

    Original file (03094250C070212.rtf) Auto-classification: Approved

    The applicant requests that her deceased husband, a former service member (FSM) be awarded the Purple Heart and the Prisoner of War (POW) Medal. The applicant's DD Form 214 (Report of Transfer or Discharge) does not show award of the Purple Heart or the POW Medal. Counsel requests award of the Purple Heart and the POW Medal for the FSM.

  • ARMY | BCMR | CY2002 | 2002077700C070215

    Original file (2002077700C070215.rtf) Auto-classification: Approved

    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 | CY2004 | 2004100006C070208

    Original file (2004100006C070208.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 DD Form 214.

  • ARMY | BCMR | CY2005 | 20050004864C070206

    Original file (20050004864C070206.doc) Auto-classification: Approved

    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 DD Form 214. 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 on 17 September 1952 in...