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Decision Text

ARMY | BCMR | CY2003 | 2003087850C070212
Original file (2003087850C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2003
         DOCKET NUMBER: AR2003087850


         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:

Mr. Stanley Kelley Chairperson
Mr. Christopher J. Prosser 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 correction of item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his 31 July 1954 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, in effect, that his DD Form 214 shows that he was wounded in action in Korea on 7 October 1952 in item 29 (Wounds Received as a Result of Action with Enemy Forces); however, item 27 does not reflect award of the Purple Heart. In support of his application, he submits a copy of his
DD Form 214.

4. The applicant’s military records show he enlisted on 12 September 1951 and served as a rifleman in Korea from 4 April 1952 through 9 November 1952. On 31 July 1954, the applicant was honorably discharged by reason of permanent disability.

5. Item 27 on the applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

6. Section 9 (Medals, Decorations, and Citations) on the applicant’s Service Record does not show entitlement to the Purple Heart.

7. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 shows the entry, “Korea 7 Oct 52.”

8. The applicant’s service personnel records contain a Battle Casualty Report, dated 13 October 1952, which shows he was wounded in action on 7 October 1952 in Korea.

9. The Korean Casualty Roster also shows the applicant was wounded in action on 7 October 1952.

10. Army Regulation 600-8-22 (Military Awards) 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.

11. 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.
12. 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. 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. Evidence of record and item 29 on the applicant’s DD Form 214 show he was wounded in action on 7 October 1952 in Korea. However, item 27 on his
DD Form 214 does not show the Purple Heart as an authorized award. Thus, the Board finds the applicant is entitled to award of the Purple Heart and to a correction of item 27 on his DD Form 214 to show award of the Purple Heart.

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

RECOMMENDATION:

1. That the applicant be awarded the Purple Heart for wounds received in action on 7 October 1952 in Korea.

2. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Purple Heart.

BOARD VOTE:

SK_____ CJP____ JTM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Stanley Kelley____
                  CHAIRPERSON




INDEX

CASE ID AR2003087850
SUFFIX
RECON
DATE BOARDED 20030911
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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