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ARMY | BCMR | CY2003 | 2003090046C070212
Original file (2003090046C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 23 OCTOBER 2003
         DOCKET NUMBER: AR2003090046


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Ms. Margaret K. Patterson Member
Mr. Arthur A. Omartian 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 that his records be corrected to reflect award of the Purple Heart. He states that the award was omitted from his separation document and that he recently discovered the omission when he sought attention from the Department of Veterans Affairs. In support of his request he submits a copy of his 1953 Department of Veterans Affairs rating decision in which he was granted disability compensation for his combat incurred wound.

3. The applicant served on active duty between 20 March 1951 and
19 December 1952. He was assigned overseas for approximately 2 months where he was awarded the Korean Service Medal.

4. According to information contained in files maintained by the Office of The Surgeon General, commonly referred to as the SGO Files, the applicant was wounded as a result of hostile 5 October 1951 while in Korea. His name is also among a list of individuals reported as combat casualties during the Korean War. There is, however, no indication the applicant was ever awarded the Purple Heart and item 29 (wounds received as a result of action with enemy forces) on his 1952 Department of Defense Form 214 (Report of Separation from the Armed Forces of the United States) reflects "NA."

5. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

6. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

7. Army Regulation 600-8-22 also provides, in pertinent part, for award of the National Defense Service Medal for honorable active service for any period between 27 June 1950 and 27 July 1954.







8. 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. 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 separation document.

CONCLUSIONS:

1. The evidence confirms that the applicant was wounded in action on 5 October 1951 while in Korea. As such the Board concludes that he is entitled to an award of the Purple Heart and to have his records, including item 29 on his separation document, corrected accordingly.

2. The evidence also confirms that the applicant is entitled to the United Nations Service Medal and the National Defense Service Medal. His records should be corrected to reflect those decorations as well.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

         a. by awarding the individual concerned the Purple Heart;

         b. by showing in item 29 on his separation document that he was wounded as a result of hostile action on 5 October 1951 while in Korea; and






         c. by showing that he is entitled to the United Nations Service Medal and the National Defense Service Medal.

BOARD VOTE:

__JHL___ __MKP__ __AAO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  ___Joann H. Langston___                  
         CHAIRPERSON



INDEX

CASE ID AR2003090046
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031023
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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