PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 October 2003
         DOCKET NUMBER: AR2003087097


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Shirley L. Powell		Member
Mr. Robert L. Duecaster		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.

3. The applicant states, in effect, that he believes that he should have another Purple Heart. The record only lists two and he believes that he should have three or more.

4. In support of his application, the applicant submitted a copy of a Standard Form 506, Clinical Record – Physical Examination; a WD MD Form 55A (Form Title Unknown), with a continuation sheet; a copy of a Standard Form 516, Clinical Record – Operation Report; three-quarters of a page containing treatment orders and associated notes on letterhead paper of the US Naval Medical School, National Naval Medical Center, Bethesda, Maryland; two pages of handwritten notes, which includes a diagnosis and description of treatments given the applicant.

5. The applicant's DD Form 214, Report of Separation from the Armed Forces of the United States, reflects that he was honorably discharged in the rank of Corporal for the purposes of permanent disability retirement. His DD Form 214 shows, in Block 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he was awarded the Army of Occupation Medal with Japan Clasp, the Purple Heart, and the Korean Service Medal.

6. On 24 June 1971, the Office of The Adjutant General, issued a DA Form 1577, Authorization for Issuance of Awards, and authorized issuance of the following awards and decoration to the applicant: the Purple Heart with One Oak Leaf Cluster, the Army of Occupation Medal with Japan Clasp (this award already appears on the applicant's DD Form 214), the National Defense Service Medal, the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

7. On 20 April 1992, the US Army Reserve Personnel Center issued a DA Form 1577 and authorized issuance of the same awards and decorations to the applicant but added the Good Conduct Medal and the Presidential Unit Emblem (now known, and hereafter referred to, as the Presidential Unit Citation, in these Proceedings).

8. The applicant was awarded the Bronze Star Medal in a "Proceedings", (Docket Number: AC95-06971, dated 13 September 1995). A DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, was prepared and distributed by the ABCMR (Army Board for Correction of Military Records) Branch, US Army Reserve Personnel Center, on 20 November 1995.

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9. On 9 July 2002, the National Personnel Records Center, National Archives and Records Administration, St. Louis, Missouri, verified the medals and awards to which the applicant was entitled. The awards are the same as those listed in paragraphs 6 and 7 above, but the DA Form 1577 does not include the oak leaf cluster in conjunction with the Purple Heart nor does it include the Presidential Unit Citation, the Republic of Korea Presidential Unit Citation, and the Bronze Star Medal (awarded on 13 September 1995 and referred to in paragraph 8 above).

10. The US Army Surgeon General's Office Hospitalization File Listing 1950-53 (Korea), shows that the applicant was slightly wounded in action on 16 July 1950, near Toman-Ri, South Korea, when shrapnel from an enemy projectile struck him on his right cheek. Following treatment and recuperation, the applicant was returned to duty. The applicant was awarded the Purple Heart on General Orders 62, published by Headquarters, 24th Infantry Division, on 26 July 1950.

11. The US Army Surgeon General's Office Hospitalization File Listing 1950-53 (Korea), also shows that the applicant was seriously wounded in action on 11 August 1950, near Jifu, South Korea, when the truck he was driving, which was loaded with gasoline, was hit by enemy gunfire, exploded, and burned. The applicant sustained burns over 63% of his body and lacerations in the region of his left eye. The applicant was medically evacuated first to Tripler Army Medical Center, Hawaii, and he was later medically evacuated to Walter Reed Army Medical Center, Washington, D.C., where he was permanently retired for disability reasons. The applicant was awarded the Purple Heart on General Orders 103, published by the Tokyo Army Hospital, APO (Army Post Office) 1052, on 18 August 1950; however, a remark was entered on these general orders indicating that General Orders 214, published by the same headquarters, revoked the order on 20 September 1950. A copy of the revocation is not available.

12. The applicant served in Korea with Battery A, 26th Anti-Aircraft Artillery (Automatic Weapons) Battalion from 11 July 1949 through 16 August 1950. During this period, the applicant participated in the United Nations Defensive Campaign, which extended from 27 June through 15 September 1950.

13. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit, Battery A, 26th Anti-Aircraft Artillery (Automatic Weapons) Battalion, was awarded the Presidential Unit Citation for the period 2 July through 15 September 1950 by Department of the Army General Orders (DAGO) 45, dated 1950.

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14. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, also shows that DAGO 35, dated 1951, awarded the applicant's unit the Republic of Korea Presidential Unit Citation for the period 2 July through 22 July 1950.

15. Army Regulation 600-8-22 provides, in pertinent part, 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, and the medical treatment must have been made a matter of official record. Paragraph 2-8.b. (1) specifies that, ". . . . Not more than one award [of the Purple Heart] will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent."

16. Army Regulation 672-15, then in effect provides, in pertinent part for award of the Good Conduct Medal. The Good Conduct Medal is awarded for "Exemplary behavior, efficiency, and fidelity in an enlisted status for a period of three continuous years completed subsequent to 26 August 1940 and upon termination of service for a period of less than three continuous years but more than one continuous year after 27 June 1950. All character and efficiency ratings, including those pertinent to attendance at service schools, must have been recorded as "Excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency rating of less than "Excellent" entered prior to 3 March 1946, will not be disqualifying."

17. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal was awarded for honorable active duty service for any period between 27 June 1950 through 27 July 1954.

18. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Korean Service Medal.

19. This same regulation 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.

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20. Service Regulation 600-60-1, in effect at the time, governed the requirements for the overseas service bar. In pertinent part, it provided that a bar is authorized for wear for each six month period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. One overseas service bar is authorized for each six-month period served in Korea during the Korean War. To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

21. 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 heroic 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. 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 provided. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to have it added to his DD Form 214.)

CONCLUSIONS:

1. The applicant was awarded the Bronze Star Medal in a "Proceedings", (Docket Number: AC95-06971, dated 13 September 1995). A DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, was prepared to add this award to the applicant's DD Form 214 and was distributed by the ABCMR Branch, US Army Reserve Personnel Center, on 20 November 1995.

2. The applicant was awarded the Purple Heart for a wound received in action on 16 July 1950. The Purple Heart is shown in Block 27 of the applicant's DD Form 214.

3. The applicant was awarded a second Purple Heart for wounds received in action in Jifu, Korea, on 12 August 1950. General Orders were published on 18 August 1950, but for unknown reasons, these orders were revoked on 20 September 1950. The applicant is entitled to award of the Purple Heart (First Oak Leaf Cluster) and to have it added to his DD Form 214 at this time.

4. There is no evidence, and the applicant has provided none, that he was wounded in action against a hostile force, a third or subsequent time, while he served in Korea.

5. Entitlement to award of the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, the Presidential Unit Citation and the Republic of Korea Presidential Unit Citation has already been established in the various DA Forms 1577 which have been prepared and made available to the applicant. A DD Form 215 has not been prepared to add the Good Conduct Medal, the service medals and unit citations to the applicant's DD Form 214. It would be appropriate to add these awards to his DD Form 214 at this time.

6. Even though the applicant's entitlement to the Good Conduct Medal has been established and he has been advised of this entitlement on DA Form 1577, orders awarding the applicant the Good Conduct Medal have not been published. It would be appropriate to publish orders and award the applicant the Good Conduct Medal for the period 14 December 1948 through 31 October 1951.

7. The applicant participated in one campaign of the Korean War. He is therefore entitled to award to one bronze service star to be affixed to his already-awarded Korean Service Medal. It would be appropriate to add this award to his DD Form 214 at this time.

8. The applicant served in the Republic of Korea for 1 year, 2 months, and 23 days and met the criteria for award of two overseas service bars. It would be appropriate to add the two overseas service bars his DD Form 214 at this time.

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

RECOMMENDATION:

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

         a. awarding the applicant the Purple Heart (First Oak Leaf Cluster) for a wound sustained in combat against a hostile enemy on 12 August 1950 and having this award added to his DD Form 214;

         b. awarding the applicant the Good Conduct Medal for the period 14 December 1948 through 31 October 1951 and adding this award to his DD Form 214;

         c. awarding the applicant two overseas service bars and adding them to his separation document;

d. awarding the applicant one bronze service star to be affixed to his already-awarded Korean Service Medal then adding it to his DD Form 214; and

e. adding the National Defense Service Medal, the United Nations Service Medal, the Presidential Unit Citation and the Republic of Korea Presidential Unit Citation to the applicant's DD Form 214.

2. That so much of the application as pertains to award of more than two Purple Hearts be denied.

BOARD VOTE:

__fe ____ __slp____ ___rld___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087097
SUFFIX
RECON
DATE BOARDED	2003/10/07
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.