RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 March 2005
      DOCKET NUMBER:  AR20040001761


      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. Paul Wright                   |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Margaret K. Patterson         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

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

2.  The applicant states that he has his Purple Heart in hand which he is
entitled to have, but it has not been added to his DD Form 214.
Additionally, he requests a new copy of his DD Form 214 with his Purple
Heart on it.  He indicates that he has been fighting for his rights for the
past 50 years.

3.  The applicant provides a copy of a DA Form 1577 (Authorization for
Issuance of Awards) dated 2 October 2002.

CONSIDERATION OF EVIDENCE:

1.  On 19 November 1952, the applicant was inducted into the Army of the
United States for a period of 2 years.  He completed all required training
and was subsequently assigned to duty in Korea.

2.  On 19 November 1954, the applicant was honorably released from active
duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he
was awarded the Good Conduct Medal, the National Defense Service Medal,
United Nations Service Medal, the Korean Service Medal with one bronze
service star, the Combat Infantryman Badge, and the Republic of Korea
Presidential Unit Citation.

3.  The applicant's name does not appear on the Korean Casualty File.  His
DD Form 214 does not show the Purple Heart as an authorized decoration.
Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD
Form 214 has the entry "NA". There are no orders in his records authorizing
the Purple Heart.  Additionally, his medical records contain no entries
showing he was wounded.

4.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart (PH) is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that:
(1) the wound was the result of hostile action; (2) the wound required
medical treatment; and (3) the medical treatment was made a matter of
official record.

5.  Army Regulation 600-8-104 (Military Personnel Information
Management/Records) prescribes the policies governing the Official Military
Personnel File, the Military Personnel Records Jacket, the Career
Management Individual File, and Army Personnel Qualification Records.  In
pertinent part, this regulation states that for U.S. military decorations
the only acceptable source documentation is the order, letter, or
memorandum, which awards the decoration.  Award certificates, citations, or
separation certificates alone will not be the basis for entry of a
decoration.  DD Form 214 (Certificate of Release or Discharge) alone should
not be the sole basis for recording a decoration.  This document may be
used to initially enter a decoration; however, if the validity of the award
on the DD Form 214 is questioned or challenged, the only acceptable proof
of award of the decorations will be the order, letter, or memorandum, which
awarded the decoration.

6.  It is noted the applicant’s records contain a DA Form 1577
(Authorization for Issuance of Awards), dated 2 October 2002, which shows
that he was issued a Purple Heart which is not shown on his DD Form 214.
The DA Form 1577 merely authorizes issuance of decorations, medals unit
citations and badges and is not sufficient as a basis for entitlement to an
award or correction of military records.

7.  Paragraph 1-25 of Army Regulation 600-8-22 (Military Awards) provides
that awards made by the President, Secretary of Defense and the Secretary
of the Army will be announced in Department of the Army General Orders.
The Purple Heart is among those awards, which must be authorized in
Department of the Army General Orders.  The DA Form 1577 (Authorization for
Issuance of Awards) merely authorizes an award already approved in General
Orders or by some other proper authority to be issued to an individual.
The DA Form 1577 is not an authority for an individual to receive and wear
an award or decoration or an authority upon which to base correction of
military records.

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 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.

9.  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.  Notwithstanding the DA Form 1577, which shows that the applicant was
issued the Purple Heart, evidence of record shows that he does not meet the
criteria cited for award of the Purple Heart.  Therefore, he is not
entitled to entry of the Purple Heart on his DD Form 214.

2.  The applicant is not listed on the Korean Casualty File.  There are no
orders awarding him the Purple Heart.  He signed his DD Form 214
authenticating the awards received were correct and he was not wounded.
Additionally, his medical records show no treatment of wounds as a result
of hostile fire.  The applicant has provided no details as to the date he
was allegedly wounded, the location, and the circumstances to support his
claim.

3.  The applicant will be given an application packet for use should he
desire to apply for the Korean War Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fe____  __mkp___  __cak___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.



                                        Fred Eichorn
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001761                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050303                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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