RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 January 2004
         DOCKET NUMBER: AR2003087792


         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Ms. Kathleen A. Newman		Chairperson
Mr. John T. Meixell		Member
Ms. Linda M. Barker		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that he be awarded the Purple Heart (PH).

2. The applicant states, in essence, that he was wounded by artillery fire in the summer of 1952 while serving in Korea with Company A, 14th Infantry Regiment. He was treated by field medical personnel and transported to the rear where he was treated by a MASH (Mobile Army Surgical Hospital) unit. After a couple of days, he returned to his unit. He believes that he did not receive the PH because his lieutenant told unit personnel that no one in the unit would get a PH. No one thought much about the lieutenant's decision at the time because it was felt that family members and friends would be spared reading about their injuries.

3. The applicant provides in support of his request a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); a copy of a Veterans Affairs (VA) Form 21-4138 that he provided the Department of Veterans Affairs (DVA) in support of his VA Claim; a DVA Rating Decision, dated 22 January 2003, and supporting documents which show that he received a 90% combined evaluation for compensation due to posttraumatic stress disorder, cold injury to his upper and lower extremities, and bilateral tinnitus (a finding of lumbar degenerative disease was determined not to be service-connected).

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice, which occurred on 20 June 1953. The application submitted in this case is dated 24 February 2003.

2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973. Information herein is limited to those documents that were obtained from the applicant. It shows that, on 21 September 1951, the applicant was inducted into the Army of the United States.

4. On 20 June 1953, the applicant was honorably separated. His DD Form 214 shows he completed 8 months of Foreign Service. He served as an infantryman in military occupational specialty (MOS) 1745. He was separated as a private, pay grade E-2 with a date of rank of 1 November 1952. Item 27 (Decorations and Citations) of the DD Form 214 shows that he was awarded the Combat Infantryman Badge, the United Nations Service Medal, and the Korean Service Medal with two bronze service stars. Item 29 (Wounds Received as a Result of Action with Enemy Forces) states "None."

5. The documents the applicant provided do not show that he received a wound as a result of hostile action. The staff of the Board thoroughly reviewed the historical files of the 14th Infantry Regiment, 25th Infantry Division, that are located at the National Archives, College Park, Maryland. The records failed to show the applicant was wounded or authorized award of the PH.

6. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides in pertinent part, that:

         a. The PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

         b. 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.

7. As a matter of information, on the occasion of the 50^th anniversary of the Korean War, the Government of the Republic 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.

8. 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 (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. 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.
DISCUSSION AND CONCLUSIONS:

1. To be awarded the Purple Heart, the applicant would have to show that he was wounded and that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

2. The staff of the Board made every attempt to verify the applicant's entitlement to the PH, but was unsuccessful. The DVA records, created years after the fact, fail to sufficiently show the applicant was wounded as a result of hostile action and provide justification for award of the PH.

3. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the section below.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__kan___ __jtm___ __lmb___ DENY APPLICATION

1. The evidence presented does not demonstrate the existence of probable injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2. The Board determined that an administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he received the NDSM.



                           Kathleen A. Newman
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087792
SUFFIX
RECON
DATE BOARDED	20040108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.