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Decision Text

ARMY | BCMR | CY2003 | 2003086669C070212
Original file (2003086669C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 September 2003
         DOCKET NUMBER: AR2003086669


         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. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Mr. Patrick H. McGann 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, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 29 September 1952 be corrected to show award of the Purple Heart. He also requests that he be awarded any awards and decorations to which he may be entitled.

3. The applicant states, in effect, that he was wounded in action in Korea. In support of his application, he submits a copy of his DD Form 214.

4. 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, discharge orders and limited medical records.

5. The applicant's reconstructed records show the applicant was inducted in the Army of the United States on 13 December 1950. He served as a medical aidman assigned to the Medical Company of the 14th Infantry during his assignment in Korea. On 29 September 1952, the applicant was honorably discharged for immediate reenlistment in the Regular Army. He was honorably discharged from the Regular Army on 29 September 1958.

6. The applicant’s DD Form 214 covering the period of service from
13 December 1950 through 29 September 1952 shows the Korean Service Medal with one bronze service star, the United Nations Service Medal, the Army of Occupation Medal with Japan Clasp and the Combat Medical Badge as authorized awards. Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry, "None."

7. The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 13 October 1951 in Korea for a wound to his throat sustained as a result of hostile action.

8. The Korean Casualty Roster shows the applicant was wounded in action on 13 October 1951.

9. Army Regulation 600-8-22 (Military Awards) 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.

10. 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.

11. 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. The applicant was wounded in action on 13 October 1951 in Korea. Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 for the period ending 29 September 1952 to show this award.

2. The applicant served a period of qualifying service for award of the National Defense Service Medal. Therefore, his DD Form 214 for the period ending
29 September 1952 should be corrected to show this medal.

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

RECOMMENDATION:

1. That the applicant be awarded the Purple Heart for wounds received in action on 13 October 1951 in Korea.

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

a. by showing the entries, “Purple Heart” and “National Defense Service Medal” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214 for the period ending 29 September 1952;

         b. by deleting the entry, “None” in item 29 (Wounds Received as a Result of Action with Enemy Forces) on this DD Form 214; and



c. by adding the entry, “Korea, 13 October 1951” in item 29 on this DD Form 214.

BOARD VOTE:

JLP____ AAO____ PHM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Jennifer L. Prater__
                  CHAIRPERSON




INDEX

CASE ID AR2003086669
SUFFIX
RECON
DATE BOARDED 20030923
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0000
3.
4.
5.
6.


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