PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 September 2003
         DOCKET NUMBER: AR2003083500


         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Patrick H. McGann, Jr.		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.

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2. The applicant requests that he be awarded the Purple Heart (PH) for wounds that he received in action.

3. The applicant states that his record does not show that he was wounded in action or awarded the PH. He submits in support of his request Department of Veterans Affairs (DVA) Disability Rating Decisions that he received between 1999 and 2000. Effective 1 December 2000, he received a 30 percent disability rating for a lower leg muscle injury and a 20 percent disability rating for a buttocks injury. His current combined service-connected disability rating equals 50 percent.

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

5. The available evidence shows that the applicant was inducted into the Army of the United States on 15 December 1950. Following training, he was awarded military occupational specialty (MOS) 4745, Light Weapons Infantryman.

6. There is ample proof available to support the fact that the applicant was wounded during combat. A Department of the Army, Office of The Surgeon General Hospital Admissions Card, created in 1951 and 1952, shows that the applicant was treated in Korea on 23 July 1951 for a "fracture, compound, comminuted, with no nerve or artery involvement to the tibia and fibula." The injury was the direct result of action against or by an organized enemy. This information is corroborated by The Adjutant General's Office US Army Korean War Casualty File (TAGOKOR), 1950-1953. It shows that the applicant was assigned to the 23rd Infantry Regiment, 2nd Infantry Division, and that he was "seriously wounded by missile" on 23 July 1951 in North Korea.

7. The applicant was evacuated to the Continental United States (CONUS) and his final place of treatment was the US Army Hospital, Camp Atterbury, Indiana. On 1 November 1952, he was honorably separated while assigned to the Medical Holding Detachment, Camp Atterbury. He had completed 1 year, 10 months and 17 days of active military service. Two months and 25 days of this time was Foreign Service. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214, shows the Korean Service Medal. Item 29 (Wounds Received as a Result of Action with Enemy Forces) is annotated to show "SCHRAPNEL WOUNDS KOREA." There is no evidence that he was ever awarded the PH or the Good Conduct Medal (GCMDL). There is also no evidence that he was ever denied award of the GCMDL.

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8. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the GCMDL, 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, that:

         a. The 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. The GCMDL 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 GCMDL, disqualification must be justified.

         c. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

         d. The United Nations Service Medal (UNSM) is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period 27 June 1950 to 27 July 1954. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

         e. The Combat Infantryman Badge (CIB) is awarded to soldiers based on compliance with three requirements. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry or ranger unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

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9. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean War. This document shows the unit to which the applicant was assigned was cited for award of the Distinguished Unit Citation (DUC) for the period
16 - 22 May 1951 by Department of the Army General Order Number 72, dated 1951.

CONCLUSIONS:

1. The Board accepts that the wounds the applicant received on 23 July 1951 were the result of hostile action and that the wounds were treated and the medical treatment was made a matter of record. Therefore, his DD Form 214 should be corrected to show award of the PH.

2. The Board also accepts that the applicant's DD Form 214 should be corrected to show award of the GCMDL for the period from 15 December 1950 thru 1 November 1952; the NDSM, the UNSM, the CIB, and the DUC.

3. 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.

4. 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.

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

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RECOMMENDATION:

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, the GCMDL, the NDSM, the UNSM, the CIB, and the DUC.

BOARD VOTE:

__jlp___ __aao___ __phm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Jennifer L. Prater
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003083500
SUFFIX
RECON
DATE BOARDED	20030923
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.