PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 June 2003
         DOCKET NUMBER: AR2003086077


         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:

Ms. Margaret K. Patterson		Chairperson
Mr. Ronald E. Blakelyr.		Member
Mr. Frank C. Jones, II		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.

3. The applicant states, in effect, that he should have been awarded the Purple Heart for wounds he sustained in combat in Korea on 13 June 1952.

4. The applicant submitted a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States, with an effective date of separation of 15 August 1953 in support of his application.

5. The applicant's military records show that the applicant was inducted into the Army of the United States on 24 October 1951. On 17 May 1952, he arrived in Korea and was assigned to the 179th Infantry Regiment, 45th Infantry Division, as a Light Weapons Infantryman (military occupational specialty, 4745).

6. The applicant's DD Form 214 reflects that he was honorably separated in the rank of Sergeant under the provisions of Service Regulation 615-363-5. On his separation date, he had completed 1 year, 9 months, and 22 days active Federal service.

7. The DD Form 214 that was issued the applicant on his separation date shows that he was awarded the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, the Combat Infantryman Badge, and 1 overseas service bar during his service. The Purple Heart is not shown.

8. Block 29 (Wounds Received as a Result of Action with Enemy Forces), of the applicant's DD Form 214, is annotated as follows: "Korea (13 Jun 53)."

9. Section 8 (Wounds Received through Enemy Action), of the applicant's DD Form 230, Service Record, has the following entry, "LWA [lightly wounded in action] SFW [shell fragmentation wound] left shoulder and fingers of left hand / 13 June 1952."

10. The listing, Casualties of the Korean War, US Army, was reviewed to confirm the above entries and for additional information pertinent to medical care and treatment given the applicant. Information in this database reveals that the applicant was wounded in action, in North Korea, by a missile, on 13 June 1952, was hospitalized, and was returned to duty following treatment.

11. 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

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action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

12. The above-cited regulation provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 through 27 July 1954 and 1 January 1961 through
14 August 1974, and 2 August 1990 through 30 November 1995.

13. DA Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit, the 179th Infantry Regiment, 45th Infantry Division, was awarded the Republic of Korea Presidential Unit Citation for the period 10 December 1951 through 31 July 1953 by Department of the Army General Orders Number 30, dated 1954.

14. According to information recorded in Section 4 (Service Outside Continental United States) of the applicant's DD Form 230, Service Record, the applicant departed from Seattle, Washington, on 25 April 1952 and arrived in Inchon, Korea, on 17 May 1952. He departed Inchon, Korea, on 7 July 1953 and arrived in New York City, New York, on 10 August 1953. The applicant was awarded 1 year, 3 months, and 16 days foreign service credit in Block 26 (Foreign and or Sea Service) of his DD Form 214.

15. Section 7 (Combat Record) of the applicant's DD Form 230 shows that he was given campaign participation credit for the following campaigns: the Korea, Summer-Fall 1952, which extended from 1 May through 30 November 1952 and the Third Korean Winter, which extended from 1 December 1952 through 30 April 1953. The applicant was also present for participation in a third campaign, the Korea, Summer 1953, which extended from 1 May through 27 July 1953, although this campaign is not listed in Section 7.

16. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Korean Service Medal.

17. Service Regulation 600-60-1, in effect at the time, governed the requirements for the overseas service bar. In pertinent part, it provided that a bar is authorized for wear for each six month period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. One overseas service bar is authorized for each six-month period served in Korea. To calculate the entitlement, both the month of arrival and month of

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departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

18. The applicant enlisted in the Regular Army on 13 November 1953 and resumed his Army career. He was honorably separated for the purposes of retirement on 31 August 1974 in the rank and pay grade of Sergeant First Class, E-7.

19. Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's retirement
DD Form 214, shows that he was awarded the following awards and decorations throughout his service career: the National Defense Service Medal, the Good Conduct Medal, (6 Awards), the Driver and Mechanics Badge with Bar, the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the National Defense Service Medal with 1st Oak Leaf Cluster, the Armed Forces Expeditionary Medal, four overseas service bars and seven service stripes.

20. The applicant was awarded the second National Defense Service Medal, in effect, the National Defense Service Medal with one bronze service star, for his honorable active service for the period 1 January 1961 through 14 August 1974. This award, although incorrectly entered, is shown in block 26 of his DD Form 214 with an effective date of 31 August 1974.

21. Army Regulation, Paragraph 6-7, specifies that a bronze service star will be worn on campaign and service ribbons to denote an additional award. A bronze service star, not an oak leaf cluster, is affixed to the National Defense Service Medal to denote a second or subsequent award.

22. The applicant served with the 58th Transportation Company (Light Truck) in the Republic of Vietnam during the period from 7 August 1963 through 6 August 1964. During this tour in Vietnam, he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal. The applicant participated in the Vietnam Advisory Campaign, which extended from 15 March 1962 through 7 March 1965. The Vietnam Service Medal does not include the one bronze service star, which the applicant is entitled to.

23. According to DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, the unit to which the applicant was assigned during his tour

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of duty in Vietnam, the 58th Transportation Company (Light Truck), was cited for award of the Republic of Vietnam Gallantry Cross with Palm, Unit Citation, for the period 8 February 1962 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974. The applicant was assigned to the unit at the time the unit was cited for the award.

24. 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 evidence of record shows that the applicant was wounded as a result of hostile action, that the wound required medical treatment, and that the medical treatment was made a matter of official record. The applicant is therefore entitled to award of the Purple Heart and to have it shown on his DD Form 214 with a separation date of 15 August 1953 and his Retirement/Separation DD Form 214 with an effective date of 31 August 1974.

2. The applicant is entitled to award of the National Defense Service Medal for his honorable active service from 24 October 1951 through 15 August 1953. He is therefore entitled to correction of his separation DD Form 214 with an effective date of 15 August 1954 to show this award.

3. The applicant served with the 179th Infantry Regiment, 45th Infantry Division, at the time it was cited for award of the Republic of Korea Presidential Unit Citation. He is therefore entitled to award of this unit citation and to have it shown on both his DD Forms 214.

4. The applicant served in Korea during the Korean War for in excess of 12 months. He is therefore entitled to award of two overseas service bars as opposed to the one overseas service bar, which is currently shown on his
DD Form 214 with an effect date of 15 August 1953.

5. The applicant participated in three campaigns of the Korean War. He is therefore entitled to award of three bronze service stars to be affixed to his Korean Service Medal as opposed to the two that are now shown on both his
DD Forms 214.

6. The applicant participated in one campaign of the Vietnam War. He is therefore entitled to award of one bronze service star to be affixed to his already awarded Vietnam Service Medal and to have it shown on his DD Form 214 with an effective date of 31 August 1974.

7. The applicant served with the 58th Transportation Company (Light Truck), at the time it was cited for award of the Republic of Vietnam Gallantry Cross with Palm, Unit Citation. He is therefore entitled to award of this unit citation and to have it shown on his DD Form 214 with an effective date of 31 August 1974.

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

RECOMMENDATION:

That all Department of the Army records related to this case be corrected by:

         a. awarding the applicant the Purple Heart for wounds sustained in combat against a hostile enemy on 13 June 1952; by awarding the applicant the National Defense Service Medal for his honorable service during the period from 24 October 1951 through 15 August 1953 and the Republic of Korea Presidential Unit Citation and adding these awards to his DD Form 214 with a separation date of 15 August 1953;

b. deleting the one overseas service bar and the Korean Service Medal with two bronze service stars from Block 27 of the applicant's separation document, dated 15 August 1953, and awarding him two overseas service bars and the Korean Service Medal with three bronze service stars and adding them to Block 27 of his DD Form 214;

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         c. deleting the Korean Service Medal with two bronze service stars, the National Defense Service Medal and the National Defense Service Medal with 1st Oak Leaf Cluster from Block 26 of the applicant's separation document, dated 31 August 1974, and awarding him the Korean Service Medal with three bronze service stars and the National Defense Service Medal with 1 bronze service star and adding them to Block 27 of his DD Form 214;

         d. awarding the applicant the Republic of Vietnam Gallantry Cross with Palm, Unit Citation, and one bronze service star to be affixed to his already-awarded Vietnam Service Medal and showing these awards in Block 26 of his separation document with an effective date of 31 August 1974.

         e. adding the Purple Heart to the awards shown in Block 26 of the applicant's DD Form 214 with an effective date of 31 August 1974.

BOARD VOTE:

__mkp___ __reb___ __fcj___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Margaret K. Patterson
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086077
SUFFIX
RECON
DATE BOARDED	20030624
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.