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Decision Text

ARMY | BCMR | CY2003 | 2003088070C070403
Original file (2003088070C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 October 2003
         DOCKET NUMBER: AR2003088070


         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. Raymond V. O'Connor Chairperson
Mr. Robert J. Osborn Member
Ms. Eloise C. Prendergast 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, in effect, that he was injured in mid July 1951 in Korea during a mortar attack. He contends that he suffered temporary hearing loss and was treated for superficial contusions on his right arm and right side inflicted by flying debris caused by the explosions of the mortar rounds. In support of his application, he submits a personal account of the circumstances surrounding his injuries; a letter, dated 16 September 2000, from a retired Naval officer; an Air Force DD Form 214 (Report of Transfer or Discharge) for the period ending
31 December 1969; a letter, dated 27 November 2002; a Soldier's Qualification Card; and an Officer Military Record.

4. The applicant’s military records show that he enlisted in the Regular Army on 1 June 1946, served as a clerk typist and was honorably discharged on
9 November 1947. He enlisted in the Enlisted Reserve Corps on 10 November 1947. On 23 August 1950, the applicant was ordered to active duty for
12 months. The applicant served as a manual teletype operator assigned to Wire Operations Company, 304th Signal Operations Battalion in Korea from
22 December 1950 through 30 July 1951. On 3 September 1951, the applicant was released from active duty to complete his remaining service obligation. The applicant subsequently served in the Air Force and retired on 31 December 1969 in the rank of major.

5. The applicant's DD Form 214 for the period ending 3 September 1951 shows the Korean Service Medal with three bronze service stars and the Meritorious Unit Commendation as authorized awards.

6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 shows the entry, "NONE."

7. There is no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea.

8. The applicant's name does not appear on the Korean War Casualty Roster.

9. Evidence of record shows that the applicant underwent a separation physical examination on 28 August 1951 which makes no mention of any wounds or injuries sustained as a result of hostile action in Korea. Item 70 (Hearing) on the Standard Form 88 (Report of Medical Examination), dated 28 August 1951, shows the applicant's hearing (right and left) was perfect.

10. The historical files of Wire Company, 304th Signal Operations Battalion, 8th U.S. Army located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart.

11. 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.

12. Army Regulation 600-8-22 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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

13. 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.

14. 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. The Board considered the applicant's contention that he was injured in mid July 1951 in Korea during a mortar attack. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for injuries sustained as a result of hostile action in Korea. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

2. The applicant served a period of qualifying service for award of the National Defense Service Medal. Therefore, his DD Form 214 for the period ending
3 September 1951 should be corrected to show this medal.

3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the National Defense Service Medal on his DD Form 214 for the period ending 3 September 1951.

2. That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:

RVO___ RJO_____ ECP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O'Connor_________
                  CHAIRPERSON




INDEX

CASE ID AR2003088070
SUFFIX
RECON
DATE BOARDED 20031009
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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