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ARMY | BCMR | CY2003 | 2003087001C070212
Original file (2003087001C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 October 2003
         DOCKET NUMBER: AR2003087001


         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. Joann Langston Chairperson
Ms. Margaret K. Patterson Member
Mr. Arthur A. Omartian 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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

3. The applicant states that he was wounded on 20 July 1951 in Korea and his DD Form 214 does show award of the Purple Heart. In support of his application, he submits VA Form 21-4138 (Statement in Support of Claim), dated 28 March 2003; medical records; and a copy of his DD Form 214.

4. The applicant’s military records show he was ordered to active duty on
11 October 1950. He served as an infantryman in Korea from 17 February 1951 until he was wounded in action on 20 July 1951 and evacuated back to the United States on 1 September 1951 for further medical treatment. On
29 February 1952, the applicant was honorably discharged by reason of physical disability.

5. The applicant's DD Form 214 shows the Combat Infantryman Badge and the Korean Service Medal with two bronze service stars as authorized awards. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 shows he was wounded on 20 July 1951 in Korea.

6. Letter Orders, dated 19 October 1951, show the applicant was awarded the Purple Heart for wounds received in action on 20 July 1951 in Korea.

7. Army Regulation 600-8-22 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.

8. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

9. 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.

10. 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 (DO 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's DD Form 214 does not show the Purple Heart as an authorized award. However, evidence of record and item 29 on his DD Form 214 show that he was wounded in action on 20 July 1951 in Korea. Therefore, the applicant is entitled to correction of his DD Form 214 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 should be corrected to show this medal.

3. Based on award of the Korean Service Medal, the applicant is entitled to award of the United Nations Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.

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









by showing the applicant was awarded the Purple Heart, the National Defense Service Medal and the United Nations Service Medal.

BOARD VOTE:

JL_____ MKP_____ AAO____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Joann Langston______
                  CHAIRPERSON




INDEX

CASE ID AR2003087001
SUFFIX
RECON
DATE BOARDED 20031023
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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