PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 July 2003
         DOCKET NUMBER: AR2003086111


         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. Arthur A. Omartian		Chairperson
Ms. Yolanda Maldonado		Member
Mr. John P. Infante		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 was shot in the right arm while checking the guard. He was sent to the evacuation hospital in Korea then the Murphy General Hospital in Waltham, Massachusetts, for 9 months. He adds that it was unimportant to him until his grandchildren expressed a desire to have the medal as a remembrance.

4. The applicant submitted a copy of a letter from the Department of Veterans Affairs (VA), dated 31 March 1970, in which he was notified that he had been granted service-connected disability benefits for a, "right elbow injury in wartime service" in support of his application.

5. The applicant's military records show that he was inducted in the Army of the United States on 6 January 1949. He was honorably released from active duty to the enlisted reserve corps (ERC) on 9 January 1950, in the rank of Private, under the provisions of Service Regulation 615-363-5. On the date of his release from active duty, the applicant had completed 1 year and 4 days active Federal service.

6. On 16 September 1950, the applicant was ordered to active duty for the purposes of undergoing a final type physical examination and to revert to inactive status on the same date.

7. The DD Form 214, Report of Separation from the Armed Forces of the United States, applicable to the period of time during which he was allegedly wounded in action, shows that he was ordered to active duty as an enlisted reservist on 15 October 1950. He was released from active military service at Murphy Army Hospital, Waltham, Massachusetts, on 3 November 1952, in the rank of Sergeant, under the provision of Army Regulation (AR) 615-360, at the expiration of his term of service. On his separation date, the applicant had 2 years and 19 days active Federal service. His DD Form 214 further shows that he was awarded the Korean Service Medal with 1 bronze service star and the United Nations Service Medal. 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 has the following entry: "GSW [gunshot wound] Right Arm 22 Apr 52 Korea."

9. The listing, Casualties of the Korean War, US Army, was reviewed for any information that would support the applicant's contention that he was wounded in

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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.

10. On 1 April 1953, the applicant applied to the Office of The Adjutant General and requested information whether he was entitled to award of the Purple Heart. In his request, he described the circumstances surrounding his being wounded. He stated that he was the Sergeant of the Guard and at 0130 hours on 22 April 1952 he was conducting a check of the guards. He had checked three guard posts and while going to the fourth post, he was shot in the arm. After being shot, he was given first aid, taken to the evacuation hospital, evacuated to Tokyo General Hospital, and after six and a half weeks was flown to the United States where he underwent further hospitalization and treatment. The applicant added that they were about four miles from the front lines when he was shot and that his company commander had checked the guards' rifles and none had been fired so he said that it might have been a sniper.

11. On 17 April 1953, the Adjutant General replied to the applicant's inquiry through the Commander, 346th Engineer (Light Equipment) Company. The applicant was advised that the department's records failed to show that he was entitled to award of the Purple Heart for the injuries he incurred on or about 22 April 1952, in Korea, and based upon the information available in the case, concerning the circumstances under which the injuries were sustained, it was determined that the standards set forth in existing regulations, paragraph 21, AR 600-45, 27 June 1950, then in effect, had not been met.

12. AR 600-45 established Department of the Army policy, criteria, and administrative instructions pertaining to the awarding of personal decorations.

13. 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.

14. The above regulation 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 heroic

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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.

16. The applicant enlisted in the Regular Army on 4 November 1952 and remained on active duty through a career lasting 20 years, 9 months, and 23 days. He was discharged on 31 October 1969, in the rank and pay grade Staff Sergeant, E-6, for the purposes of retirement.

CONCLUSIONS:

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

2. Notwithstanding the entry found in Block 29 of the applicant's DD Form 214, with an effective date of 3 November 1952, no entries were found in the listing, Casualties of the Korean War, US Army, which would indicate that the applicant was wounded in action against an enemy force.

3. The applicant previously inquired of the Office of the Adjutant General whether he was entitled to award of the Purple Heart. The applicant was notified through his commander that the standards for award of the Purple Heart had not been met.

4. The applicant is entitled to award of the National Defense Service Medal for his honorable active service from 15 October 1950 through 3 November 1952. This award should be added to his DD Form 214 at this time.

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

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RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by awarding the applicant the National Defense Service Medal and adding it to his DD Form 214 with an effective date of 3 November 1952.

2. That so much of the application as is in excess of the foregoing, award of the Purple Heart, be denied.

BOARD VOTE:

___ao___ __ym____ ___jpi___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086111
SUFFIX
RECON
DATE BOARDED	2003/07/24
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.