PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 November 2003
         DOCKET NUMBER: AR2003088968


         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. Arthur A. Omartian		Chairperson
Ms. Eloise C. Prendergast		Member
Mr. Ronald E. Blakely		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.

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2. The applicant requests correction of his 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 that he was wounded in action on 16 October 1952 from enemy mortar rounds in Korea. He contends that he has a small piece of shrapnel in his left thigh. In support of his application, he submits a copy of his DD Form 214 and orders for the Bronze Star Medal with "V" Device for heroism on 16 October 1953 in Korea.

4. The applicant’s military records show he was inducted on 4 September 1951. He served as an infantryman in Korea from 29 February 1952 through
10 November 1952. On 3 June 1953, he was released from active duty and transferred to the Enlisted Reserve Corps to complete his remaining service obligation.

5. The applicant's DD Form 214 shows the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge 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. Section 8 (Wounds Received Through Enemy Action) on the applicant's DD Form 230 (Service record) is blank.

8. Evidence of record shows that the applicant underwent a separation physical examination on 28 May 1953 which makes no mention of any wounds or injuries sustained as a result of hostile action in Korea.

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

10. 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.

11. In support of his claim, the applicant provided a copy of 7th Infantry Division General Orders Number 82, dated 26 February 1953, which show that he received the Bronze Star Medal with "V" Device for heroic achievement on
16 October 1952 in Korea. The citation states, in pertinent part, that there was "intense artillery, mortar and small-arms fire" and that there were "several casualties" on that date. However, the citation does not state that the applicant was wounded during this attack.




12. Section 17 (Indorsements) on the applicant's DD Form 230 shows he was favorably considered for award of the Good Conduct Medal on 29 October 1952 by his chain of command.

13. 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.

14. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

15. 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.

16. 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.

17. 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. There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds sustained as a result of hostile action in Korea. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.

2. The applicant received the Bronze Star Medal with "V" Device. Therefore, his DD Form 214 should be corrected to show this medal.

3. Evidence of record shows the applicant was favorably considered for award of the Good Conduct Medal on 29 October 1952 by his chain of command. For that reason he met eligibility criteria for the first award of the Good Conduct Medal for the period 4 September 1951 through 3 June 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected to show this award.

4. 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.

5. 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 first award of the Good Conduct Medal for the period 4 September 1951 through 3 June 1953.

2. That the applicant's DD Form 214 be corrected to show award of the Bronze Star Medal with "V" Device, the first award of the Good Conduct Medal, and the National Defense Service Medal.





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

BOARD VOTE:

AAO___ ECP____ REB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian_
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088968
SUFFIX
RECON
DATE BOARDED	20031113
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.