PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 October 2003
         DOCKET NUMBER: AR2003090303


         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. Klaus P. Schumann .		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Hubert O. Fry		Member
Ms. Mae M. Bullock		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 award of the Purple Heart.

3. The applicant states that he discovered that he is entitled to the Purple Heart while applying for Veterans Administration (VA) benefits. The applicant states that he earned the Purple Heart but it was never awarded to him.

4. In support of his application, the applicant submitted a copy of his DD Form 214 and medical record briefs he contends depict injuries he sustained as a result of enemy action in Korea during the month of October 1952.

5. The applicant’s records have been lost or destroyed. This case is being considered based on reconstructed records which consist primarily of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States), General Orders obtained from the Total Army Personnel Command, medical documents provided by the applicant, and information obtained from the Korean War Casualty File.

6. The applicant's DD Form 214 shows he was inducted into the Army on 12 April 1951 and that he was honorably separated from the Army on 8 April 1953 as a Private/Pay Grade E-2.

7. The applicant's DD Form 214 shows in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Combat Infantryman Badge, Korean Service Medal with two bronze service stars, and the United Nations Service Medal.

8. The applicant's DD Form 214 does not show in item 27 the award of the Purple Heart.

9. The applicant's DD Form 214 does not show in item 29 (Wounds Received as a Result of Action with Enemy Forces) that he sustained injuries during his service in the United States Army.

10. However, his military records contain a 382nd General Hospital General Order (General Order 78, dated 17 October 1952) which award him the Purple Heart for action on 6 October 1952 in Korea while assigned to Company C, 17th Infantry, 7th Infantry Division.

11. Additionally, the Korean War Casualty File lists the applicant as Wounded in Action by a missile on 6 October 1952 in Korea while assigned to Company C, 17th Infantry, 7th Infantry Division.


12. The applicant's DD Form 214 shows in item 30 (Remarks) that he had no lost days during his service on active duty.

13. The Board noted that the applicant's DD Form 214 does not show in item 27 the award of the Good Conduct Medal. However, the Board determined that he is entitled to the award of the Good Conduct Medal for the period 12 April 1951 through 8 April 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.

14. The Board noted that the applicant's DD From 214 does not show in item 27 the award of the Republic of Korea Presidential Unit Citation. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received during the Korean War. This document shows that the applicant's unit, Company C, 17th Infantry, 7th Infantry Division, was awarded the Republic of Korea Presidential Unit Citation for action during the period 30 September 1950 to 27 July 1953 based on Department of the Army General Order 22, dated 1956.

15. The Board noted that the applicant's DD From 214 does not show in item 27 the award of the National Defense Service Medal. However, Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

16. Army Regulation 600-8-22 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.

17. The Internet contains a data file identified as Korean War Casualty File which contains casualty information on U.S. Army soldiers who participated in the Korean War. This data file, which is also identified as the "TAGOKOR, 1950-1953," was purchased from the National Archives and Records Administration by an individual who obtained a copyright for this data and now independently manages this web site. The file consists of 109,975 records of individual casualties extracted from the Korean War Casualty File and placed on the web site.

18. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct,





efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service
was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

19. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Republic of Korea Presidential Unit Citation is awarded by the Korean government. Not more than on Republic of Korea Presidential Unit Citation will be worn by any individual.

20. 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.

21. 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.

22. 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 request for award of the Purple Heart and correction of his military record to show this award. General Orders show
that he was awarded the Purple Heart for wounds sustained in action on
6 October 1952 in Korea. Therefore, he is entitled to correction of his military records to show the award of the Purple Heart.

2. The Board determined that the applicant is entitled to the first award of the Good Conduct Medal for the period 12 April 1951 through 8 April 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to award of the Good Conduct Medal and correction of his military records to show this award.

3. Department of the Army General Orders show that the unit to which the applicant was assigned, Company C, 17th Infantry, 7th Infantry Division, was cited for the Republic of Korea Presidential Unit Citation. Therefore, he is entitled to award of the Republic of Korea Presidential Unit Citation and correction of his military records to show this award.

4. The Board determined that the applicant is entitled to award of the National Defense Service Medal for his honorable active service for the period 12 April 1951 to 8 April 1953. Therefore, he is entitled to award of the National Defense Service Medal and correction of his military record to show this award.

5. 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 showing that the individual concerned was awarded the Purple Heart for wounds sustained in action on 6 October 1952 while assigned to Company C, 17th Infantry, 7th Infantry Division;

b. by showing that he was awarded the Good Conduct Medal for the period 12 April 1951 through 8 April 1953;

c. by showing that he was awarded the Republic of Korea Presidential Unit Citation; and




d. by showing that he was awarded the National Defense Service Medal for his service for the period 12 April 1951 to 8 April 1953.

BOARD VOTE:

__AAO__ __HOF___ _MMB _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090303
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.