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Decision Text

ARMY | BCMR | CY2003 | 2003086483C070212
Original file (2003086483C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 September 2003
         DOCKET NUMBER: AR2003086483


         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Shirley L. Powell Chairperson
Mr. Walter T. Morrison Member
Mr. Thomas A. Pagan 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 and issued the Purple Heart.

3. The applicant states that his DD Form 214 (Report of Separation) clearly shows he was wounded on 30 September 1951.

4. The applicant’s military records were presumably lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

5. The applicant enlisted in the Regular Army on 18 July 1950. He was separated on 17 July 1953. His DD Form 214, item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) contains the entry, "PH (Not Verified)." Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows he received a penetrating missile wound in the upper right leg on 30 September 1951.

6. Office of the Surgeon General Hospital Admission Cards show the applicant was hospitalized on 25 September 1951 due to a penetrating missile wound to the leg, the direct result of action against the enemy.

7. The applicant is listed on the Korean War Casualty Roster as being wounded in action on 30 September 1951.

8. Army Regulation 600-8-22 (Military Awards) states 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 by a medical officer, and the medical treatment must have been made a matter of official record.

9. 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 award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is 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 unit award to his DD Form 214.


CONCLUSIONS:

1. Although there is some conflicting information as to dates, the Board concludes there is sufficient evidence of record to show the applicant was wounded in action in September 1951. The Board accepts the most frequently used date (i.e., 30 September 1951) as the date of his being wounded. Therefore, the applicant meets the eligibility criteria for award of the Purple Heart. His DD Form 214 should be amended to remove any doubt as to his being eligible for the award.

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

RECOMMENDATION:

That item 27 of the applicant's DD Form 214 be amended to delete the entry "PH (Not Verified)" and to add the entry " Purple Heart" and that he be issued the Purple Heart.

BOARD VOTE:

__slp___ __wtm___ __tap GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Shirley L. Powell
                  CHAIRPERSON




INDEX

CASE ID AR2003086483
SUFFIX
RECON
DATE BOARDED 20030909
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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