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Decision Text

ARMY | BCMR | CY2003 | 2003087886C070212
Original file (2003087886C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 09 SEPTEMBER 2003
         DOCKET NUMBER: AR2003087886


         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. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Ms. Shirley L. Powell Chairperson
Mr. Walter T. Morrison Member
Mr. Thomas A. Pagan 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 award of the Purple Heart.

3. The applicant states that he was wounded in action three times; however, his DD Form 214 (Report of Separation) does not show any awards of the Purple Heart.

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

5. The applicant's DD Form 214 shows that he enlisted in the Army for three years on 9 April 1951, served in Korea during the Korean War, and was awarded the Combat Infantryman's Badge, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the National Defense Service Medal. It does not show award of the Purple Heart, but does show that he was wounded in action on 14 April 1952. He was promoted to sergeant on 26 March 1953 and was discharged on 15 April 1954. He had 3 years of service and 7 days of lost time. He had 1 year, 3 months, and 11 days of foreign service.

6. A copy of a page from a Korean casualty file shows that the applicant was wounded in action on 14 April 1952.

7. A copy of a page from a 3 October 2002 Department of Veterans Affairs rating decision shows that he is receiving a 10 percent service connected disability rating for residuals of penetrating shrapnel wound, right posterior chest.

8. There is no evidence and the applicant has not submitted any, to show that he was wounded in action on more than one occasion.

9. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

10. 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 award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to the veterans.

11. 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.

CONCLUSIONS:

1. The applicant was wounded in action in Korea on 14 April 1952. He is entitled to award of the Purple Heart. There is, however, no evidence to indicate that the applicant was wounded in action on any other occasion. There is insufficient evidence to grant his request for more than one award of the Purple Heart.

2. Notwithstanding the applicant's 7 days of lost time, he served his country faithfully and honorably, as reflected by his service in Korea, his attainment of the rank of sergeant, and his honorable discharge. He is entitled to award of the Army Good Conduct Medal.

3. 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 showing that the individual concerned was awarded the Purple Heart and the Army Good Conduct Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE
:

__SLP __ __WTM _ __TAP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  ___ Shirley L. Powell______
                  CHAIRPERSON




INDEX

CASE ID AR2003087886
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030909
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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