PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 July 2003
         DOCKET NUMBER: AR2003084200


         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. Gerard W. Schwartz		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Margaret V. Thompson		Member
Mr. Eric N. Andersen		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 he be awarded the Purple Heart.

3. The applicant states that he received shrapnel wounds to his leg while serving with the French battalion in Korea.

4. In support of his application he submits his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), an honorable discharge certificate, DD Form 1577 (Authorization For Issuance of Awards), and two self authored statements. The statements in effect say he served as a squad leader in the 2nd Reconnaissance Company, 2nd Infantry Division while stationed in Korea. During this period, he was assigned to the French battalion and was involved in heavy fighting which resulted in a shrapnel wound to his left leg.

5. The applicant’s military records are reconstructed records and show that he was called to active duty from the Mississippi Army National Guard. He was activated on 16 January 1951 with a military occupational specialty of Armored Reconnaissance Crewman and served oversees for 8 months and 17 days. He served a total of 1 year, 7 months and 24 days during this enlistment. He was honorably discharged on 9 September 1952.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. The applicant's name is not listed on the Korean Casualty Roster.

7. Research at the National Archives in College Park, Maryland revealed no entitlement to the Purple Heart.

8. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 states "None".

9. Army Regulation 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.

10. The Board noted that the applicant is eligible for awards not shown on his DD Form 214.

11. 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 the 2nd Reconnaissance Company, 2nd Infantry Division when it was cited for award of the Republic of Korea Presidential Unit Citation by Department of the Army General Orders Number 10 dated 1954.

12. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Additionally, records show there is no indication of indiscipline in his records.

13. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

14. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

15. 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 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.

16. 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 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. The Board considered the applicant’s request for award of the Purple Heart and the documents which he submitted in support of his claim. The Board also reviewed the available service personnel records.

2. The Board noted there is no evidence of record which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

3. Evidence of record shows the applicant signed his DD Form 214 attesting to the fact he was not wounded and was not entitled to the Purple Heart.

4. The Board considered the applicant's letters stating he served as a squad leader in the 2nd Reconnaissance Company, 2nd Infantry Division while stationed in Korea and during this period, he was assigned to the French battalion and was involved in heavy fighting which resulted in a shrapnel wound to his left leg. However, the Board determined that the letters do not verify that the applicant required medical treatment for wounds received as a result of hostile action and the medical treatment was not a matter of official record. Therefore the letters from the applicant are not sufficient by themselves as a basis for award of the Purple Heart.

5. In the absence of orders awarding the Purple Heart or military medical records showing the applicant was wounded as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

6. General Orders show the applicant is entitled to award of the Republic of Korea Presidential Unit Citation. Therefore, he is entitled to correction of his records to show this foreign unit award.

7. The applicant is entitled to the first award of the Good Conduct Medal for the period 16 January 1951 through 9 September 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

8. The applicant is entitled to award of the National Defense Service Medal based upon his service during the qualifying period between 27 July 1950 through 27 July 1954. Therefore, he is entitled to correction of his records to show this award.

9. 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 showing the individual concerned was awarded the Republic of Korea Presidential Unit Citation, Good Conduct Medal and the National Defense Service Medal.

2. That so much of the application as pertains to the award of the Purple Heart is denied.

BOARD VOTE:

__FNE_ __MVT _ __ENA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ________FNE___________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003084200
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030715
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015.0000
2.
3.
4.
5.
6.