Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003087230C070212
Original file (2003087230C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 August 2003
         DOCKET NUMBER: AR2003087230


         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. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Margaret V. Thompson Member
Mr. John T. Meixell 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 he be awarded the Purple Heart and that it be added to his records.

3. The applicant states that he received the Purple Heart Ribbon on 15 September 1950 at Tokyo General Hospital; however, he never received orders or the actual medal and it was not included on his report of separation (DD Form 214), despite the fact that his wound was annotated.

4. The applicant’s military records show that he enlisted on 7 April 1948 for a period of 3 years. He completed his training and was transferred to Japan on 7 July 1948. He remained in Japan until he was transferred to Korea with his unit on 15 July 1950. He was promoted to the rank of sergeant on 20 August 1950 and on 13 September 1950, he was wounded in action (mortar fragments to right hand and leg) in Korea and was evacuated to a hospital in Japan. He was subsequently evacuated to a hospital in the United States. On 16 September 1950, General Orders Number 190 were published by the hospital, which awarded the applicant the Purple Heart for wounds received in action in Korea on 13 September 1950, while assigned to Company E, 5th Cavalry Regiment, 1st Cavalry Division.

5. He was honorably discharged on 6 April 1951 for the purpose of immediate reenlistment. He reenlisted on 7 April 1951 and remained on active duty until he was honorably discharged in the pay grade of E-6 on 20 June 1960, due to the expiration of his term of service. His awards included the Army of Occupation Medal (Japan), Army of Occupation Medal (Germany), Combat Infantryman Badge, National Defense Service Medal, Korean Service Medal with two bronze service stars and the United Nations Service Medal. Although the orders awarding the Purple Heart are in his records, there is no indication that the Purple Heart was ever awarded to him formally or annotated on his records.

6. The applicant joined the United States Army Reserve (USAR) on 21 October 1976 and remained in an active status until he was transferred to the USAR Control Group (Retired) on 20 September 1985. He was retired in the rank of first sergeant on 26 October 1988.

7. 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

8. 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 Korea 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.

9. 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 with his copy of these proceedings. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214.

CONCLUSIONS:

1. The evidence of record clearly shows that the applicant was wounded in action in Korea on 13 September 1950, that he was treated for his wounds and it was made a matter of record.

2. Orders were published by the treating hospital in Japan to show he was awarded the Purple Heart on 16 September 1950; however, there is no indication in the available records to show that he was ever formally presented with the Purple Heart and it was not annotated on his records.

3. Accordingly, it must be presumed that the failure to award him the Purple Heart Medal Set and to annotate his records was the result of an administrative oversight. Therefore, the Board finds that it would be in the interest of justice to correct his records to show his award of the Purple Heart and to issue him the medal set.

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 that the individual concerned was awarded the Purple Heart and by issuing him a Purple Heart Medal Set.

BOARD VOTE:

__fe ____ ___jm___ __mvt___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn_____
                  CHAIRPERSON




INDEX

CASE ID AR2003087230
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/08/19
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002081296C070215

    Original file (2002081296C070215.rtf) Auto-classification: Approved

    The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954. 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. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart,...

  • ARMY | BCMR | CY2005 | 20050003761C070206

    Original file (20050003761C070206.doc) Auto-classification: Approved

    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, the Good Conduct Medal, and the Combat Infantryman Badge. 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. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2004 | 040008910C070208

    Original file (040008910C070208.doc) Auto-classification: Denied

    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. The evidence shows that the applicant’s record contains administrative error that does not require action by the Board. The Case Management Support Division at St. Louis is requested to correct the applicant’s records to show award of the Korean Service Medal with two bronze...

  • ARMY | BCMR | CY2003 | 03097873C070212

    Original file (03097873C070212.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. The evidence confirms the applicant was wounded in action and awarded the Purple Heart.

  • ARMY | BCMR | CY2003 | 2003086616C070212

    Original file (2003086616C070212.rtf) Auto-classification: Approved

    In support of his application he submits his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), an honorable discharge certificate and a letter from the National Records Personnel Center which states in effect, that his records were destroyed or lost during the fire of 1973. 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...

  • ARMY | BCMR | CY2004 | 2004100069C070208

    Original file (2004100069C070208.doc) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214. Inasmuch as the available evidence clearly shows that the applicant was in fact wounded in combat on 15 February 1951 and treatment for that wound was made a matter of record, it is reasonable to presume that the applicant was awarded the...

  • ARMY | BCMR | CY2003 | 2003087097C070212

    Original file (2003087097C070212.rtf) Auto-classification: Approved

    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...

  • ARMY | BCMR | CY2002 | 2002073284C070403

    Original file (2002073284C070403.rtf) Auto-classification: Approved

    The applicant states that he was wounded in the right thigh in Korea on 25 July 1950. 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 add this foreign award to his DD Form 214. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, the Combat Infantryman Badge, the National Defense...

  • ARMY | BCMR | CY2003 | 2003086669C070212

    Original file (2003086669C070212.rtf) Auto-classification: Approved

    The applicant's reconstructed records consist primarily of the DD Form 214, discharge orders and limited medical records. The applicant's reconstructed records show the applicant was inducted in the Army of the United States on 13 December 1950. 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.

  • ARMY | BCMR | CY2002 | 2002068730C070402

    Original file (2002068730C070402.rtf) Auto-classification: Approved

    The applicant states that the Purple Heart was not included on his DD Form 214 when he was released from service after being wounded in Korea. That form does not show that he was wounded in action, nor does it indicate award of the Purple Heart. 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.