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ARMY | BCMR | CY2004 | 2004105934C070208
Original file (2004105934C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 19, 2005
      DOCKET NUMBER:  AR2004105934


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Delia R. Trimble              |     |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, in effect, that he be awarded the Purple Heart.


2.  The applicant states, in effect, that because of the fog of war and the
intensity of the conflict, the officer in charge failed to submit the
necessary papers for the award of the Purple Heart.  He adds that he will
soon be 73 years old and his wife and children continue to encourage him to
seek recognition from the Army for wounds he sustained in the Korean War.

3.  The applicant submitted a copy of a DA Form 305-5 Part (Personnel
Roster – Enlisted), a copy of his DD Form 214, Report of Separation from
the Armed Forces of the United States, and a copy of a notarized statement
co-signed by his wartime "buddy," in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records and from other sources.

2.  The applicant's available military personnel records show that he
enlisted, in the Regular Army, for 3 years, in Jackson, Mississippi, on 18
April 1951.  The applicant held the military occupational specialty (MOS)
1812, Light Weapons NCO (Noncommissioned Officer), while he served on
active duty.

3.  Special Orders 231, paragraph 22, published by Headquarters, 27th
Infantry Regiment, 25th Infantry Division, on 23 September 1951, show that
the applicant was assigned to Company M, 27th Infantry Regiment, on 19
September 1951.  The applicant was credited with 1 year, 2 months and 13
days foreign and/or sea service on his discharge date.

4.  The applicant was honorably released from active duty and transferred
to the US Army Reserve (USAR), Enlisted Reserve Corps, in the rank of
Sergeant, on 18 April 1953, in accordance with Army Regulation (AR) 615-362
and Camp Polk, Louisiana, letter, dated 7 April 1953, for hardship.  On the
date of his release from active duty, the applicant had completed 2 years,
and 1 day, active military service.
5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows the applicant was awarded, the Korean Service Medal, with two bronze
service stars; the United Nations Service Medal; and the Combat Infantryman
Badge.  The Purple Heart is not shown as an authorized award.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of
the applicant's DD Form 214, shows the entry, "None."

7.  In his application to the Board, the applicant stated that he was
assigned to Company M, 3rd Platoon, 3rd Battalion, 27th Infantry Regiment,
25th Infantry Division.  He alleges to have received wounds to both his
arms at a location called "Bloody Ridge," from an enemy tank projectile, he
bled profusely, a medic arrived, removed the shrapnel and bandaged his
arms.  His arms healed over as he kept fighting over the next three weeks.

8.  A fellow Soldier, the applicant's wartime "buddy" from Harrison,
Michigan, recalls, in effect, that he and the applicant climbed to the top
of a boulder, under orders of their lieutenant, to observe the area before
them.  As he bent over to get the binoculars, the applicant was blown off
the boulder into him and both tumbled to the ground.  Shrapnel and the
debris from an exploding enemy projectile wounded the applicant.  The
applicant's wartime friend who provided a statement in support of the
applicant's request, was assigned to Company M, 27th Infantry Regiment, on
the same date and on the same orders as shown in paragraph five above.

9.  The applicant's name does not appear in the Korean Casualty File.

10.  AR 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.

11.  AR 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.
12.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, shows that the applicant's unit was awarded
the Republic of Korea Presidential Unit Citation for the period 11 July
1952 through 1 October 1953, by Department of the Army General Orders
(DAGO) Number 24, dated 1954.

13.  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
heroic 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.  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 provided.  Once the Department of the Air
Force has authorized the Korean War Service Medal, the applicant may apply
to the Army Board for Correction of Military Records to have it added to
his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence upon which to base award of the Purple
Heart to the applicant at this time.  The applicant alleges that he
received wounds to his arms and that these wounds required medical
treatment; however, medical documentation is not available to corroborate
his assertions and the statement made by his wartime "buddy."  Therefore,
the applicant is not eligible for award of the Purple Heart at this time.

2.  The applicant served on active duty during one of the periods for which
the National Defense Service Medal was awarded.  He is therefore entitled
to award of the National Defense Service Medal and to have it added to his
DD Form 214.

3.  The applicant was assigned to a unit, Company M, 27th Infantry
Regiment, at a time it was awarded the Republic of Korea Presidential Unit
Citation.  He is therefore entitled to this unit award and to have it added
to his DD Form 214.
4.  Evidence shows that the applicant’s records contain administrative
error that does not require action by the Board.  Therefore, the Case
Management Support Division (CMSD), St. Louis, Missouri, will accomplish
administrative correction of the applicant's records as outlined by the
Board in paragraph 2 of the Board Determination/Recommendation section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

lcb    ____  drt _____  bpi_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

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 to show that he was awarded the National Defense Service Medal,
and the Republic of Korea Presidential Unit Citation.




                                  ____Bernard P. Ingold__
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004105934                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050119                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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