PROCEEDINGS


         IN THE CASE OF: .
        

         BOARD DATE: 10 June 2003
         DOCKET NUMBER: AR2003085223

         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Ms. Shirley L. Powell		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, in effect, that he be awarded the Purple Heart (PH).

3. The applicant states, in effect, that he was wounded as a result of enemy action in Korea and his separation document (DD Form 214) does not include the PH. In support of application, he submits a copy of his DD Form 214 and an extract of a newspaper article that announced he was wounded in action.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

5. The applicant’s DD Form 214 shows that he entered the Army on 21 May 1952, and that he continuously served on active duty until being honorably separated on 20 February 1954. It also shows that he held the rank of sergeant on the date of his separation.

6. The applicant’s DD Form 214 also confirms that he served overseas for
1 year, 1 month, and 13 days, and that during his active duty tenure he earned the following awards: One Overseas Bar; Combat Infantryman Badge; Korean Service Medal with 1 bronze service star; United Nations Service Medal; and the National Defense Service Medal. The PH is not included in the list of authorized awards contained on this separation document. However, Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “Korea 15 Dec 52”, which indicates that he was wounded in action while serving in Korea on 15 December 1952.

7. Also on file is a military record finding report from the National Archives and Records Administration (NARA), dated 7 February 2003. This document contains information from hospital admission cards created by the Office of The Surgeon General (OTSG) for the period 1950-1954. It indicates that the applicant was admitted to a treatment facility in Korea on 16 December 1952, for fragmentation wound from a grenade that he received as a direct result of action against or by an organized enemy.

8. There is no derogatory information on file in the applicant’s reconstructed record that would have disqualified him from receiving the Army Good Conduct Medal (AGCM). Further, there is also no specific disqualification for this award from any of the active duty unit commanders for which the applicant served on file.

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9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is authorized to members who are wounded in action. In order to support the award of the PH, the wound for which it is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

10. Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service. There is no automatic entitlement to the AGCM; however, disqualification must be justified.

11. As a matter of information, on the occasion of the 50^th 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.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he should be awarded the PH, and it finds this claim has merit. By regulation, in order to support award of the PH there must be evidence to show a member was wounded in action, that the wound was treated by a medical officer, and the record of this medical treatment must have been made a matter of official record.

2. The evidence includes an OTSG hospitalization report that confirms that the applicant was treated for a wound he received as a direct result of enemy action in Korea. This OTSG report corroborates the entry in Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214, which indicates he was wounded in action in Korea on 15 December 1952. As a result, the Board finds that the regulatory criteria necessary to support award of the PH has been met in this case, and it concludes that it would be appropriate to add this award to the applicant’s record at this time.

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3. The Board also finds no derogatory information on file that would preclude the applicant from receiving the AGCM. Lacking a specific disqualification from any of the active duty unit commanders for which he served, the Board concludes that it would also be appropriate to award the applicant the AGCM for his qualifying honorable active duty service from 21 May 1952 to 20 February 1954, and to add this award to his record at this time.

4. The applicant is advised that 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 enclosed for the applicant’s use. 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.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart, for being wounded in action on 16 December 1952, while serving in Korea and the Army Good Conduct Medal, for his qualifying period of honorable active duty service from
21 May 1952 to 20 February 1954; and by providing him a corrected separation document that includes these awards

BOARD VOTE:

__JM__ __SLP___ __SAC_ GRANT AS STATED IN RECOMMENDATION

________ ________ _______GRANT FORMAL HEARING

________ ________ _______ DENY APPLICATION




                  Samuel A. Crumpler
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085223
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2.
3.
4.
5.
6.