PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 August 2003
         DOCKET NUMBER: AR2003086714

         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. Ted S. Kanamine		Chairperson
Mr. William D. Powers		Member
Mr. Frank C. Jones		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 on 16 August 1950, and his separation document (DD Form 214) should be amended to add the PH. In support of application, he submits a copy of his DD Form 214 and a hospital admission record from the Office of The Surgeon General (OTSG).

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.

5. The applicant’s DD Form 214 shows that he entered the Army on 21 April 1949, and that he continuously served on active duty until being honorably separated on 14 June 1952. 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, and 22 days, and that during his active duty tenure he earned the following awards: Combat Infantryman Badge; Korean Service Medal with
5 bronze service stars; and the Distinguished Unit Emblem. The PH is not included in the list of authorized awards contained on this separation document and Item 29 (Wounds Received as a Result of Action with Enemy Forces) is blank.

7. The applicant provides a hospital admission card created by the Office of The Surgeon General (OTSG) for the period 1950-1954. This document indicates that the applicant was admitted to a treatment facility in Korea on 17 August 1950, for a wound to his leg from an explosive projectile shell that he received as a direct result of action against or by an organized enemy.

8. 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.

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9. Paragraph 2-10 of the awards 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.

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. Paragraph 5-8 contains guidance on the Korean Service Medal and it states, in pertinent part, that a bronze service star is authorized for each campaign a member participated in while serving in the Korea, a silver service star is worn in lieu of 5 bronze service stars to denote participation in 5 campaigns. Paragraph 9-17 provides for award of the United Nations Service Medal (UNSM). In states, in pertinent part, that this award is authorized for service in Korea between
27 June 1950 and 27 July 1954. IT further stipulates that award of the Korean Service Medal automatically establishes eligibility for this award.

12. 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 on 17 August 1950. In the opinion of the Board, this satisfies the regulatory criteria necessary to support award of the PH. Thus, it concludes the applicant’s record should be corrected to show he was wounded in action in Korea on 17 August 1950, and as a result he should be awarded the PH at this time.

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3. Lacking any derogatory information or a specific disqualification from any of his active duty unit commanders, the applicant should be awarded the Army Good Conduct Medal, for his qualifying honorable active duty service from
21 April 1949 through 14 June 1952. Further, his qualifying active duty service also entitles him to receive the National Defense Service Medal. In addition based on his service and campaign participation in Korea, he is entitled to receive the United Nations Service Medal and to 1 silver service star with his Korean Service Medal. Therefore, the Board concludes that it would also be appropriate to add these awards to his records 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, Army Good Conduct Medal, National Defense Service Medal, and United Nations Service Medal; by showing he is entitled to 1 silver service star with his Korean Service Medal, and by providing him a corrected separation document that includes these awards.

BOARD VOTE:

__ FCJ_ __WDP__ __TSK_ GRANT AS STATED IN RECOMMENDATION

________ ________ ______ GRANT FORMAL HEARING

________ ________ ______ DENY APPLICATION




                  Ted S. Kanamine
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087145
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.