RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 February 2004
         DOCKET NUMBER: AR2003090825


         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. Robert J. Osborn		Member
Mr. Lester Echols		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his award of the Purple Heart.

2. The applicant states that his DD Form 214 does not show that he was wounded in action and was awarded the Purple Heart nor was he issued the medal. Additionally, he believes that he should have gotten a promotion to sergeant based on his bravery.

3. The applicant provides a copy of his DD Form 214, three casualty reports, orders awarding the Purple Heart, and a letter pertaining to his physical condition.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of error which occurred on 14 August 1953, the date of his separation. The application submitted in this case is dated 18 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 were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he entered active duty on 15 November 1951, as a clerk typist. He served in Korea for 8 months and 9 days. He continued to serve until he was honorably released from active duty on 14 August 1953 in the grade of private E-2. He was transferred to the Army Reserve.

4. The applicant’s DD Form 214, dated 30 September 1972, shows he was awarded the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the Purple Heart with the entry "Not verified."





5. The applicant provided a copy of WD AGO Form 0707 (Record of award of the Purple Heart) dated 5 January 1953, which officially awarded him the Purple Heart for wounds received in action near Kelly Hill, North Korea on 25 December 1952 by General Order 1, dated 5 January 1953. However, item 27 (Awards and Decorations) of his DD Form 214 shows the entry "Not verified."

6. The casualty reports provided by the applicant clearly confirms that he was wounded on his left thigh on 25 December 1952, while serving in Korea.

7. The applicant provided a copy of a letter pertaining to his physical condition, dated 19 May 1953. It shows that he was issued a permanent physical profile of 113111 for his shrapnel left thigh injury.

8. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "LWA (lightly wounded in action) 122MM Shell left leg 25 Dec 52 Korea."

9. The applicant's DD Form 214 shows that he attained the rank of private (PVT-2) prior to his discharge and had no lost time.

10. The applicant’s available records fail to show that he was ever officially recommended or advanced to the next higher grade based on his bravery.

11. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean Conflict. This document shows the applicant's unit was cited for award of the Republic of Korea Presidential Unit Citation while he was assigned to it.

12. Army Regulation 600-8-2 provides, in pertinent part, the Republic of Korea Presidential Unit Citation is awarded by the Korean government.

13. Army Regulation 600-8-22 prescribes Department of the Army policy, criteria, and administrative instructions concerning military awards. It states, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 to 14 August 1974, and between 2 August 1990 to 30 November 1995.






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 preponderance of evidence shows that he was awarded the Purple Heart which is shown on his DD Form 214 and was verified by issuance of WD AGO Form 0707, dated 5 January 1953. Therefore, he is entitled to removal of the entry "Not verified" from item 27 of his DD Form 214.

2. There is no evidence in the available records, and the applicant has provided no evidence, to show that he was advanced higher than pay grade E-2 prior to his discharge. Therefore, the Board concludes there is an insufficient evidentiary basis to warrant the requested relief.

3. The applicant was awarded the Republic of Korea Presidential Unit Citation; therefore, he is entitled to correction of his records to show this award.

4. The evidence of record shows that the applicant was eligible for the National Defense Service Medal. Therefore, he is entitled to correction of records to show this award.

5. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.

2. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by removing the entry "Not verified" from item 27 (Awards and Decorations), by showing the Republic of Korea Presidential Unit Citation and the National Defense Service Medal, and issuing his authorized awards.




                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090825
SUFFIX
RECON
DATE BOARDED	20040212
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19530814
DISCHARGE AUTHORITY	AR 615-363-5
DISCHARGE REASON
BOARD DECISION	DENY w/note
REVIEW AUTHORITY
ISSUES 1.	61/310
2.
3.
4.
5.
6.