PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            23 January 2001
	DOCKET NUMBER:   AR2000042944

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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.

2.  The applicant requests correction of his records to show award of the Distinguished Service Cross or the Silver Star for heroism for his actions on or about 24 November 1950 in Korea.  The applicant also requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show award of the Purple Heart and to show his most significant duty assignment as his unit of assignment in Korea, specifically Company A, 23rd Infantry Regiment, 2d Infantry Division.

3.  The applicant’s request for award of the Distinguished Service Cross or the Silver Star is outside the statute of limitations on approval of award recommendations for actions during the Korean Conflict.  However, the applicant’s request for these awards can be considered under the provisions of Title 10, United States Code, Section 1130 which governs consideration of awards not submitted within time limits established by law.  The applicant must exhaust this remedy before the Army Board for Correction of Military Records will consider this portion of his request and he has been so notified by separate correspondence .  Therefore, consideration of award of either the Distinguished Service Cross or the Silver Star to the applicant is not discussed further in these Proceedings.

4.  The applicant states that his DD Form 214 shows that he was wounded in Korea, but it does not show award of the Purple Heart.  Further, he contends that item 28 (Most Significant Duty Assignment) should show Company A, 23rd Infantry Regiment, 2d Infantry Division instead of “Company A, 526th AIB.”  

5.  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 that he entered active duty initially on 29 January 1946 and served until he was honorably discharged 9 February 1949. He reentered active duty on 26 April 1949 and served until he was honorably discharged on 25 June 1952.

6.  The applicant received a WD AGO 53 as the discharge document for his initial period of service and a DD Form 214 as the discharge document for his second period of service including his service in the Korean Conflict. 

7.  The applicant’s DD Form 214 shows in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entries:  “Combat Infantry Badge   Bronze Star Medal   Korean Service Medal w/2 Bronze Camp [campaign] Stars”.  

8.  The applicant’s DD Form 214 does not show an entry for award of the Purple Heart in item 27.  However, his DD Form 214 shows in item 29 (Wounds Received as a Result of Action with Enemy Forces) that he sustained a gunshot wound to the right leg in Korea on 25 November 1950.  Available personnel records contain Osaka Army Hospital General Orders Number 269, dated 28 November 1950, which awarded the applicant the Purple Heart for wounds sustained on 25 November 1950. 

9.  The applicant’s DD Form 214 shows in item 28 the entry: “Co A, 526th AIB”.

10.  Records available to the Board contain a copy of 2d Infantry General Orders Number 26, dated 1 February 1951, which awarded the applicant the Bronze Star Medal for heroic achievement as a member of Company A, 23rd Infantry Regiment, on 31 August and 1 September 1950 in Korea.

11.  The Board noted that the applicant’s records do not show award of the United Nations Service Medal or any unit awards.

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.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean conflict.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 1 to 5 September 1950 by Department of the Army General Orders Number 35-51. 

14.  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.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

16.  The Board also noted that the applicant’s service during the Korean Conflict may qualify him for award of the Korean War Service Medal.  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 award.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. 

CONCLUSIONS:

1.  The applicant was wounded in action on 25 November 1950 in Korea.  General Orders awarded him the Purple Heart for these wounds; therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart.

2.  Orders show the applicant’s unit of assignment during the Korean War was Company A, 23rd Infantry Regiment, of the 2d Infantry Division.  The Board determined that the applicant’s combat assignment in the Korean Conflict was his most significant assignment; therefore, the applicant is entitled to correction of item 28 (Most Significant Duty Assignment) to show the entry:  “Co A, 23rd Infantry Regiment, 2d Infantry Division”.

3.  The Board noted that the applicant was awarded the Bronze Star Medal for heroic achievement in action against an armed enemy on 31 August and 1 September 1950.  However, the entry on the applicant’s DD Form 214 shows award of the Bronze Star Medal (without the “V” Device) indicating that this Bronze Star Medal is not for valor.  The Board determined that the entry on the DD Form 214 should be corrected to the Bronze Star Medal with “V” Device.

4.  The Board noted that the applicant was entitled to award of the United Nations Service Medal for his service in Korea; therefore, his records should be corrected to show this award.

5.  The Board noted that the applicant was entitled to award of the Republic of Korea Presidential Unit Citation; therefore, his records should be corrected to show this foreign unit award.

6.  The Board noted the applicant’s service in Korea during the Korean Conflict may entitle him to receive the Korean War Service Medal; however, the applicant must apply to the Department of the Air Force for a determination regarding his eligibility to be issued this foreign award.

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:
	a.  by showing the individual concerned was awarded the Purple Heart, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation; 

	b.  by correcting item 28 (Most Significant Duty Assignment) to show the entry:  “Co A, 23rd Infantry Regiment, 2d Infantry Division”; and 

	c.  by correcting his award of the Bronze Star Medal to show award of the Bronze Star Medal with “V” Device.

2.  That the individual concerned in this case apply for award of the Korean War Service Medal by submitting his request in accordance with the administrative instructions attached to these Proceedings.

BOARD VOTE:  

__TEO__  __WTM__  __LLS___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mr. Luther L. Santiful____________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042944	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010123	
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	MR CHUN	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.