| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Joann Langston | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Mr. Robert Duecaster | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart.
2. The applicant states that he was wounded in action on 20 July 1950 in Korea.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a telegram, dated 31 August 1950.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on
17 September 1952. The application submitted in this case is dated 23 April 2003.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's military records are 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 or destroyed 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.
4. The applicant enlisted in the Air Corps on 26 June 1946, served as a duty soldier, and was honorably discharged on 31 June 1947. He enlisted in the Regular Army on 31 August 1949 for a period of 3 years. He served as an infantryman in Korea and was honorably discharged on 17 September 1952 after completing 3 years and 17 days of creditable service with no time lost.
5. The applicant's DD Form 214 shows the Korean Service Medal with three bronze service stars, the Distinguished Unit Citation, the Army of Occupation Medal with Japan Clasp, 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. The applicant provided a copy of a Western Union telegram, dated 31 August 1950, which shows he was slightly wounded in action in Korea on 20 July 1950.
8. The Korean War Casualty Roster shows the applicant was wounded in action on 20 July 1950.
9. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was wounded in action on 20 July 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 met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years for the period 31 August 1949 through 30 August 1952. Therefore, the applicant's DD Form 214 should be corrected to show this award.
3. The applicant served a period of qualifying service for award of the United Nations Service Medal and the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show these medals.
BOARD VOTE:
JL______ LDS_____ RD_____ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003090590 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031120 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT PLUS |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | 107.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090000459
The applicants military service records are not available to the Board for review. There are no orders or other evidence in the applicants available military service records that shows he was awarded the Purple Heart. Therefore, it would be appropriate to correct his records to show award of this service medal.
ARMY | BCMR | CY2002 | 2002072828C070403
A 2 January 1951 telegram to the applicant’s mother informed her that the applicant had been wounded in action in Korean on 27 November 1950. 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. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the...
ARMY | BCMR | CY2003 | 2003091451C070212
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. The applicant’s military records are not available to the Board for review. 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.
ARMY | BCMR | CY2003 | 2003084675C070212
The applicant states, in effect, that he should not be denied these awards to which he is entitled based on the wounds he received in action during his combat service in Korea. The applicant’s military records were not available to the Board for review. 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 1 September 1950, the Purple Heart 1 st Oak Leaf Cluster, for...
ARMY | BCMR | CY2010 | 20100022300
The applicants military records are not available to the Board for review. Based on award of the Korean Service Medal, he is eligible for award of the United Nations Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 20 February 1951 in Korea; b. adding the Purple Heart, Korean Service Medal with one bronze service star, United Nations...
ARMY | BCMR | CY2008 | 20080015211
IN THE CASE OF: BOARD DATE: 04 DECEMBER 2008 DOCKET NUMBER: AR20080015211 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant had a qualifying period of service in the ROK and is entitled to award of the ROKWSM and to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Purple Heart for wounds sustained in the ROK on 1 November 1950 and correcting the...
ARMY | BCMR | CY2002 | 2002082364C070215
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. Evidence of record shows the applicant was wounded in action in Korea on 3 September 1950 and 7 February 1951. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart with Oak Leaf...
ARMY | BCMR | CY2006 | 20060007659C070205
The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 27 on his DD Form 214 to add the Purple Heart, the United Nations Service Medal, the National Defense Service Medal, and the ROK-KWSM; b. deleting the entry in item...
ARMY | BCMR | CY2013 | 20130020518
The FSM's DD Form 214 shows: * he enlisted in the Regular Army on 30 September 1949 * on 11 October 1952, he was honorably discharged * he served 3 years and 12 days of creditable active service with no days lost * he served 9 months and 20 days overseas * he was assigned to the 5th Infantry Regiment * he received wounds as a result of action with enemy forces on 4 February 1951 * his awards are: * Korean Service Medal with 4 bronze service stars * Combat Infantryman Badge * he was...
ARMY | BCMR | CY2007 | 20070012510
In addition, there is no evidence of record and the applicant has provided none, to show he was a POW during the period 6 October 1951 to 20 November 1951, while serving in Korea. The evidence shows the applicant served during the qualifying period for award of the Republic of Korea War Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual the Korean Service Medal with four bronze service...