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ARMY | BCMR | CY2003 | 2003088671C070403
Original file (2003088671C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 October 2003
         DOCKET NUMBER: AR2003088671


         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. Curtis L. Greenway Chairperson
Mr. Ernest W. Lutz 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 correction of his military records to show award of the Purple Heart.

3. The applicant states that he was awarded the Purple Heart medal while a patient at Walter Reed Army Hospital for wounds received in action in September 1950 in Korea. He contends that he was discharged from the Army on 5 June 1952 and his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not reflect the Purple Heart.

4. The applicant’s military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the DD Form 214 and limited medical records.

5. The applicant's reconstructed records show he enlisted on 11 January 1949 for a period of 3 years. He served as an infantryman in Korea and was honorably discharged on 5 June 1952.

6. The applicant's DD Form 214 shows the Combat Infantryman Badge, the Korean Service Medal with three bronze service stars, and the United Nations Service Medal as authorized awards.

7. There are no orders for the Purple Heart in the available records. However, the Office of the Surgeon General Hospital List shows the applicant was hospitalized on 10 September 1950 in Korea for a gunshot wound to his thigh as a result of enemy action.

8. The Korean War Casualty Roster also shows the applicant was wounded in action on 10 September 1950.

9. 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.

10. 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.

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. The applicant was wounded in action on 10 September 1950 in Korea. Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2. The applicant served a period of qualifying service for award of the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this 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 applicant was awarded the Purple Heart for wounds received in action on 10 September 1950 in Korea.

2. That the applicant's DD Form 214 be corrected:

a. by adding the entries "Purple Heart" and "National Defense Service Medal" in item 27 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized);

         b. by deleting the entry, "None" in item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214; and



         c. by adding the entry, "Korea, 10 September 1950" in item 29 on his DD Form 214.

BOARD VOTE:

CLG___ EWL____ LCB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Curtis L. Greenway
                  CHAIRPERSON




INDEX

CASE ID AR2003088671
SUFFIX
RECON
DATE BOARDED 20031030
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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