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Decision Text

ARMY | BCMR | CY2003 | 2003086852C070212
Original file (2003086852C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 07 AUGUST 2003
         DOCKET NUMBER: AR2003086852


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Thomas B. Redfern III Member
Ms. Mae M. Bullock 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 award of the Purple Heart. He states that his separation document confirms that he was wounded in Korea in 1950, although he was never awarded the Purple Heart. He also asks that his records be corrected to reflect any additional awards and decorations he may be entitled to that he may not be aware of. In support of his request he submits a copy of his separation document.

3. The applicant's records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center in 1973. Information contained herein was reconstructed from alternative sources.

4. The applicant entered active duty on 10 March 1948 and served overseas for approximately 27 months where he was awarded the Combat Infantryman Badge in July 1950 by the Headquarters, 27th Infantry Regiment, and the Army of Occupation Medal for Japan.

5. According to information contained in files maintained by the Office of the Surgeon General, commonly referred to as the SGO File, the applicant was wounded as a result of hostile action on 11 August 1950 while in Korea. As a result of his wound he was evacuated from Korea and carried in a patient status for nearly 200 days. Item 29 (wounds received as a result of action with enemy forces), on his separation document, also lists his August 1950 wound.

6. On 12 March 1952 the applicant was honorably discharged. Although his separation document reflects award of the Combat Infantryman Badge and the Army of Occupation Medal, as well as his combat wound, it does reflect award of any other decorations, or the Purple Heart.

7. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

8. Army Regulation 600-8-22 also states that individuals serving on active duty between 27 June 1950 and 17 July 1954 are entitled to the National Defense Service Medal, that soldiers who served within the territorial limits of Korea during those same dates are entitled to an award of the Korean Service Medal, and that soldiers awarded the Korean Service Medal are also entitled to the United National Service Medal.

9. A review of Department of the Army Pamphlet 672-1 indicates that the applicant's unit (27th Infantry Regiment) was awarded the Republic of Korea Presidential Unit Citation for the period 1 August through 11 August 1950, which coincided with the date the applicant was wounded in action.
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 award to eligible United States veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to the veterans. 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 or their surviving next of kin. To apply, veterans must provide a copy of their discharge paper (Department of Defense 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 separation document.

CONCLUSIONS:

1. The Board concludes that there is sufficient evidence to confirm that the applicant was wounded as a result of hostile action during the Korean War and as such, is entitled to an award of the Purple Heart.

2. The evidence also confirms that the applicant is entitled to the National Defense Service Medal, the Korean Service Medal, and the United Nations Service Medal.

3. Although the applicant's exact dates of assignment in Korean are not known, based as a result of the limited information available, the Board can confirm that he is entitled to the Republic of Korea Presidential Unit Citation which was awarded for a period which coincided with the date the applicant was wounded in action.

4. 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:

         a. by awarding the individual concerned the Purple Heart for wounds sustained on 11 August 1950;

         b. by showing that he is entitled to the National Defense Service Medal, the Korean Service Medal and the United Nations Service Medal; and

         c. by showing that he is also entitled to the Republic of Korea Presidential Unit Citation.

BOARD VOTE:

__AAO _ __TBR__ __MMB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  ___Arthur A. Omartian____
                  CHAIRPERSON



INDEX

CASE ID AR2003086852
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030807
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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