PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 September 2003
         DOCKET NUMBER: AR2003089245

         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. Joseph A. Adriance		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.

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2. The applicant requests, in effect, that the Purple Heart (PH) he was awarded be added to his record.

3. The applicant states, in effect, that his separation document (DD Form 214) does not show that he was awarded the PH. He states that he has the medal and certificate, which he has enclosed. The applicant indicates that when he enrolled at the Department of Veterans Affairs (VA) center in Tucson, Arizona, he was told that the certificate was not sufficient to verify he received the PH and that the award would have to be included in his DD Form 214. In support of his application, he provides a copy of a PH certificate and his discharge certificate.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

5. The DD Form 214 issued to the applicant on the date of his release from active duty shows that he entered active duty on 30 November 1949, and that he continuously served on active duty until being honorably separated on
29 November 1952. At the time of his discharge, he had completed a total of
3 years of active military service.

6. The applicant’s DD Form 214 also shows that he was promoted to the rank of corporal on 24 February 1951, and that he held that rank on the date of his separation. It also confirms that he served overseas for 11 months and 19 days, and that he earned the following awards during active duty tenure: Army of Occupation Medal; Bronze Star Medal; and Combat Infantryman Badge.

7. Item 29 (Wounds received as a result of action with enemy forces) of the applicant’s DD Form 214 contains the entry “Wound missile, right hand, Yaksu-ri Korea 17 Feb 51.”

8. Also on file is a military record finding report from the National Archives and Records Administration (NARA), dated 5 May 2003. This document contains information from hospital admission cards created by the Office of The Surgeon General (OTSG) for the period 1950-1954. These files show that the applicant was admitted to a medical treatment facility in Korea on
17 February 1951. This treatment record confirms that his wound was battle related and that he received it as a direct result of action against or by an organized enemy.

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9. The applicant also provides a copy of a PH award certificate that shows he was awarded the PH for wounds he received in action in Korea on 17 February 1951.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. A wound is defined as an injury to any part of the body from an outside force or agent sustained in any action against an enemy or hostile force. To support award of the PH, there must be evidence to show that the wound for which the award is being made required treatment by a medical officer, and the records of the medical treatment for wounds or injuries received in action must have been made a matter of official record.

11. Paragraph 2-10 of the awards regulation contains guidance on award of the National Defense Service Medal (NDSM). It states, in pertinent part, that it was awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive.

12. Paragraph 5-8 contains guidance on award of the Korean Service Medal (KSM). It states that he award is authorized to members who served in Korea for service in Korea between 27 June 1950 and 27 July 1954.

13. Chapter 4 of the awards regulation prescribes the policy for award of the AGCM. It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940. While there is no automatic entitlement to the AGCM, disqualification must be justified.

14. Paragraph 9-12 of the same regulation contains guidance on the United Nations Service Medal (UNSM). It states in pertinent part, that members who were dispatched to Korea or adjacent areas for service on behalf of the United Nations in the action in Korea are eligible for the award. It further specifies that personnel awarded the Korean Service Medal automatically establish eligibility for the UNSM.

15. As a matter of information, on the occasion of the 50^th 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. 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.
CONCLUSIONS:

1. Item 29 of the applicant’s DD Form 214 contains an entry that confirms that the applicant was wounded in action in Korea on 17 February 1951. The OTSG on file corroborates this DD Form 214 entry, and it this wound was the direct result of action against or by an organized enemy.

2. In the opinion of the Board, the DD Form 214 entry in Item 29 and the OTSG medical treatment record satisfies the regulatory burden of proof required to support award of the PH. Therefore, it concludes that it would be appropriate to add the PH to the applicant’s record at this time

3. During its review of this case, the Board also discovered the applicant was entitled to other awards that are not included in his record or separation document. Lacking any evidence of a specific disqualification by any of the active duty commanders for which he served, the Board finds that the applicant is entitled to the Army Good Conduct Medal for his qualifying period of honorable active duty service from 30 November 1949 through 29 November 1952.

4. The Board finds the applicant is also entitled to the NDSM, for his period of qualifying active duty service, and to the KSM and UNSM, for his qualifying period of service in Korea. Thus, it concludes it would also be appropriate to add these awards to his records at this time.

5. The applicant is advised that to apply for the Korean War Service Medal, he should submit a copy of his 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 provided. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214.

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

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RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart, for being wounded in action in Korea on 17 February 1951 and the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 30 November 1949 through 29 November 1952; by showing he is entitled to the National Defense Service Medal, for his period of qualifying active duty service and the Korean Service Medal and United Nations Service Medal, for his qualifying service in Korea; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:

__JM__ __SK__ __CP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ___ GRANT FORMAL HEARING

________ ________ ____ DENY APPLICATION




                 
                  Stanley Kelley
         CHAIRPERSON

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INDEX

CASE ID	AR2003089245
SUFFIX
RECON
DATE BOARDED	2003/09/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1952/11/29
DISCHARGE AUTHORITY	AR 615-360
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2. 46	107.0000
3.
4.
5.
6.