PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 May 2003
         DOCKET NUMBER: AR2003084075


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Lana E. McGlynn		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.

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2. The applicant requests, in effect, that he be awarded the Purple Heart for injuries sustained in the line of duty in Korea.

3. The applicant states, in effect, that he was stationed on active duty in Korea and was injured. The applicant states that he was in an Army truck with an advanced unit. The area was under active enemy fire. They were operating under "blackout" conditions. The vehicle was driving in a mountainous area without headlights so as not to draw fire. These conditions, he claims caused the vehicle to crash and roll down an embankment. He was thrown from the vehicle just prior to the final roll. He landed a distance from the truck on rocks, which injured both his knees. He returned to the vehicle, administered first aid to his comrades and was later transported to the nearest military hospital. He was hospitalized overnight at the 45th Surgical Hospital and returned to duty with his unit the next day. He adds that the surgeon at the hospital told him he would receive the Purple Heart for his injuries, but since he was being returned to his unit, the paperwork would be done there rather than at the hospital. When he returned to his unit, he requested that the paperwork be processed. His commander said it would be done and advised him that he would get the Purple Heart. So far it has not been done, and a prior request indicated that the injury was not combat related. The applicant concludes by stating that the combat conditions caused the convoy to be operating under blackout rules, operating at a high rate of speed in order to relieve another unit, and all these conditions contributed to this incident.

4. The applicant submitted a self-authored letter explaining the circumstances, which led to his being injured, and a copy of an unnumbered form, without a title, used by the 45th Surgical Hospital to report the admission and disposition of patients, in support of his application.

5. 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, including the admissions/dispositions form provided by the applicant.

6. The applicant's DD Form 214, Report of Separation from the Armed Forces of the United States, reflects that he was inducted in the Army of the United States on 31 January 1952. He was released from active military service on 30 October 1953 in the rank of Sergeant First Class with 1 year and 9 months active military service. His DD Form 214 further shows that he was awarded the National Defense Service Medal, the Korean Service Medal with 3 bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge.

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7. The listing, Casualties of the Korean War, US Army, was reviewed for any information that would support the applicant's contentions that he was wounded in action while engaged in combat with a hostile armed enemy. This report was void of an entry showing that the applicant was wounded in action during the Korean War.

8. The word, "None" is shown in Block 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214. The entry indicates that he was not wounded in action with enemy forces. The applicant's signature appears in Block 48 of the form.

9. The admissions/dispositions form provided by the applicant shows that the applicant was admitted to the 45th Surgical Hospital on 3 May 1953 for treatment of multiple contusions that he sustained in a truck accident. The injuries were sustained in the line of duty. He was returned to duty with his unit on 4 May 1953. The form gives no indication that the proximate cause of the truck rolling over and the applicant's injury was caused as a direct result of engagement in combat with the enemy.

10. A search of the Board's files was conducted for evidence that the applicant has previously submitted a request for award of the Purple Heart. No evidence exists that this Board has acted upon a previous request from the applicant for award of the Purple Heart, or any other award.

11. Army Regulation (AR) 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound 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, and the medical treatment must have been made a matter of official record.

12. AR 600-8-22 also provides that the Good Conduct Medal (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 Good Conduct Medal, disqualification must be justified.

13. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the applicant was assigned to a unit, F Company, 27th Infantry Regiment, which was awarded the

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Republic of Korea Presidential Unit Citation for the period 5 May through 9 July 1953 by Department of the Army General Order Number 19, dated 1955. The Republic of Korea Presidential Unit Citation is awarded by the Korean government, and not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.

14. 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 heroic 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. 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 form is provided. 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 his DD Form 214.)

CONCLUSIONS:

1. The Board considered the applicant’s contention that he was entitled to award of the Purple Heart.

2. No entries were found in the listing, Casualties of the Korean War, US Army, that would indicate that the applicant was wounded in action.

3. The evidence that the applicant provided himself, the unnumbered admissions/dispositions form, clearly shows that the proximate cause of his injury was a truck accident.

4. The Board noted that the applicant’s DD Form 214, prepared at the time of his release from active military service, shows no entitlement to the Purple Heart and that he received no wounds as a result of hostile action. The Board also noted that the applicant signed the separation document, in his own hand, on the day of his separation, in effect, attesting to the accuracy of the information recorded on the form. There is no evidence upon which to base award of the Purple Heart to the applicant.

5. The applicant has made no previous request for award of the Purple Heart to this Board for wounds allegedly sustained during the Korean conflict.

6. There is no information recorded on the applicant's DD Form 214 that would disqualify him from award of the Good Conduct Medal. The applicant entered the Army in the rank of Private E-1 and progressed rapidly through the ranks and was released from active military service a year and nine months later in the rank of Sergeant First Class, indicative of excellent conduct, efficiency, and fidelity; and, he is therefore entitled to award of the Good Conduct Medal for the period 31 January 1952 through 30 October 1953 and this award should be shown on his DD Form 214.

7. The applicant was assigned to a unit, F Company, 27th Infantry Regiment, at the time it was awarded the Republic of Korea Presidential Unit Citation, by the government of Korea. He is therefore eligible for this award and to have it added to his DD Form 214.

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

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by awarding the applicant the Good Conduct Medal and the Republic of Korea Presidential Unit Citation and amending the applicant's DD Form 214 to add these awards to others already shown.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__fne___ __lem___ __lcb___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084075
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0015
3.
4.
5.
6.