PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 October 2003
         DOCKET NUMBER: AR2003084884


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Kathleen A. Newman		Chairperson
Mr. Lester Echols		Member
Mr. John T. Meixell		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 award of the Bronze Star Medal with "V" Device and a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

3. The applicant states, in effect, that he was recommended for award of the Bronze Star Medal with "V" Device but the award never caught up with him before he was discharged. He also contends that he was given two Purple Heart medals but only one award is shown on his discharge document. He contends that he is entitled to a second award of the Purple Heart for a hand injury sustained by a bayonet. In support of his application, he submits recommendations for award of the Bronze Star Medal with "V" Device; a medical form; and a photograph of two Purple Heart medals.

4. The applicant's request for award of the Bronze Star Medal with "V" Device was addressed by separate correspondence to the applicant. Therefore, this portion of his request will not be discussed further in these Proceedings.

5. The applicant’s military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the DD Form 214 (Report of Separation from the Armed Forces of the United States) and limited medical records.

6. The applicant's reconstructed records show the applicant was inducted on
23 March 1951. He served as an infantryman in Korea and was released from active duty in the rank of private first class on 12 January 1953 after completing
1 year, 9 months and 20 days of creditable service with no days lost.

7. The applicant's DD Form 214 shows the Combat Infantryman Badge, the Korean Service Medal with one bronze service star, the United Nations Service Medal and the Purple Heart as authorized awards. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows he received a gunshot wound to his right foot.

8. The Korean War Casualty Roster shows the applicant was wounded in action on one occasion.

9. The Office of the Surgeon General Hospital List shows the applicant was hospitalized in Korea for a gunshot wound to his foot as a result of hostile action.
10. There is no evidence in the available records which shows the applicant was wounded a second time as a result of hostile action in Korea.

11. In support of his claim for a second award of the Purple Heart, the applicant provided a medical form for an operative procedure. This medical form does not show the applicant's name, it shows the patient entered on "8-27," and contains one hand-written entry which states, "Hand Injury." There is no evidence that this hand injury was the result of hostile action.

12. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

13. Army Regulation 600-8-22 (Military Awards) 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

14. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal
military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

15. 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.

16. 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.

17. 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. Evidence of record shows the applicant was awarded the Purple Heart for a gunshot wound to his right foot.

2. The Board considered the applicant's contention that he is entitled to a second award of the Purple Heart for a hand injury. The Board also considered the photograph of two Purple Heart medals provided in support of the applicant's claim. However, in the absence of orders or any other evidence which shows the applicant was wounded or treated for wounds a second time as a result of hostile action in Korea, the Board determined that this photograph is not sufficient as a basis for a second award of the Purple Heart. Therefore, the Board determined that there is insufficient evidence on which to base a second award of the Purple Heart in this case.

3. The Board concludes the applicant met eligibility criteria for the first award of the Good Conduct Medal for the period 23 March 1951 through 12 January 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected to show this award.

4. The applicant served a period of qualifying service for award of the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.

5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1. That the applicant be awarded the first award of the Good Conduct Medal for the period 23 March 1951 through 12 January 1953.

2. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Good Conduct Medal and the National Defense Service Medal.






3. That so much of the application as pertains to a second award of the Purple Heart be denied.

BOARD VOTE:

KAN____ LE_____ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Kathleen A. Meixell_
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084884
SUFFIX
RECON
DATE BOARDED	20031002
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0015
3.	107.0000
4.
5.
6.