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Decision Text

ARMY | BCMR | CY2003 | 2003087586C070212
Original file (2003087586C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 July 2003
         DOCKET NUMBER: AR2003087586


         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. Joyce A. Hall Analyst


The following members, a quorum, were present:

Mr. Roger W. Able Chairperson
Ms. Barbara J. Ellis Member
Mr. Larry C. Bergquist 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, award of the Purple Heart.

3. The applicant states that he was never awarded the Purple Heart.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information contained herein was obtained from alternate sources.

5. The applicant entered active duty on 5 April 1951. He served in Korea and was assigned to Company G, 35th Infantry Regiment as a rifleman. On
5 January 1953, the applicant was honorably released from active duty.

6. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows as authorized awards the Combat Infantryman Badge, the Korean Service Medal with one bronze service star, and the United Nations Service Medal. It does not show the award of the Purple Heart.

7. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows that he was wounded on 8 July 1952. He received shrapnel wounds to his right hand, chest, and knee.

8. The applicant's name appears on the Korean casualty roster. The roster confirms that he was wounded on 8 July 1952 and that his injuries resulted from hostile action.

9. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

10. Army Regulation 600-8-22 also 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, and 2 August 1990 through 30 November 1995.

11. Department of the Army Pamphlet 672-1 Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that Company G,
35th Infantry Regiment, received the Republic of Korea Presidential Unit Citation for actions during the period 11 July 1952 to 1 October 1953 by Department of the Army General Order Number 24, dated 1954.



12. 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. 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 of all services. In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is 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 unit award to his DD Form 214.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the Purple Heart.

2. The Board accepts the Korean casualty roster and the applicant's DD Form 214 as substantiating evidence that shows he was wounded and was treated for a wound resulting from hostile action. Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

3. The evidence of record shows that the applicant met the criteria for award of the National Defense Service Medal. Therefore, he is entitled to correction of his records to show this award.

4. The evidence of record also shows that he was assigned to a unit during a period of time the unit was cited for award of the Republic of Korea Presidential Unit Citation. Therefore, he is entitled to correction of his record to show this foreign award.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received on
8 July 1952.




2. That the applicant's DD Form 214 be amended to show that he was awarded the Purple Heart, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation.

BOARD VOTE:

__BJE__ __LCB___ __RWA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2003087586
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/07/10
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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