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Decision Text

ARMY | BCMR | CY2002 | 2002083042C070215
Original file (2002083042C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 October 2003
         DOCKET NUMBER: AR2002083042


         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. Paul Wright Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Robert J. Osborn, II Member
Ms. Eloise C. Prendergast 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 records be corrected to show that he is entitled to award of the Purple Heart (PH) Medal for a wound suffered on 30 November 1950 during the Korean War.

3. The applicant states that, although his wound was verified by doctors at Letterman General Hospital, he was never awarded the PH. He explains that he was wounded in combat prior to being captured by Chinese forces and becoming a prisoner of war (POW). He attaches documents pertaining to former POW's that he obtained from the National Archives and Records Administration (NARA).

4. The applicant’s military records show that he retired on 31 July 1973 in the rank of Sergeant Major with 29 years, 3 months, and 19 days of total service for pay purposes.

5. The applicant served on active duty as a Reserve commissioned officer from 29 April 1949 - 19 September 1962. During the time frame of the Korean War, he was a Second Lieutenant, Field Artillery.

6. The Korean War Casualty File shows the applicant as a casualty on line #47166. It shows that he was wounded on 1 December 1950, the date of his capture by Communist forces. Following his liberation on 25 August 1953, he was given a physical examination on 1 September 1953 during which it was noted "Wound, missile, left ankle, no nerve or artery involvement."

7. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part:

         a. That the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

         b. That the Prisoner of War (POW) Medal was authorized on 8 November 1985 and is awarded to individuals who, in past armed conflicts, were taken prisoner or held captive.


8. As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic 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.

9. 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 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. Based on the documentation provided by the applicant and the information contained on the Korean War Casualty File, the Board concludes the applicant is entitled to the award of the PH for wounds received on 1 December 1950. His record should be corrected to show this award.

2. Because he was a POW from 1 December 1950 to 25 August 1953, the applicant is entitled to the POW Medal that was authorized in 1985. His record should be corrected to show this award.

3. Additionally, the applicant is authorized award of the Korean War Service Medal (KWSM) and should apply to the Department of the Air Force for issuance of that foreign decoration.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show award of the PH and the POW Medal.

2. That the individual concerned be provided a Republic of Korea Korean War Service Medal fact sheet and application for use by him should he desires to obtain the KWSM.

BOARD VOTE:

__rvo___ __rjo___ __ecp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Raymond V. O'Connor, Jr.
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002083042
SUFFIX
RECON
DATE BOARDED 20031009
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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