PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 January 2001
	DOCKET NUMBER:   AR2000047737

	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. Mark D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 Purple Heart.  The applicant also requests correction of his records to show all service awards to which he is entitled for his service during the Korean War.

3.  The applicant states that his records show he was injured in an accident; however, he contends that he was injured as a result of enemy fire. 

4.  The applicant’s military records show that he entered active duty on 15 January 1949 and completed training as a field artillery cannoneer.  The applicant was honorably discharged by reason of permanent disability on 30 June 1951.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entries:  Army of Occupation Medal (Japan); Korean Service Ribbon; and Purple Heart requested from TAG [the Adjutant General].

5.  Item 28 (Most Significant Duty Assignment) of the applicant’s DD form 214 shows the entry:  “A Btry [Battery] 37th FA Bn [Field Artillery Battalion].   

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 shows the entry:  “Sinanju Korea 29 Nov 50”.

7.  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.

8.  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, and 2 August 1990 through 30 November 1995.

9.  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.

10.  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 16 September 1950 to 26 October 1953 by Department of the Army General Orders Number 10-54. 

CONCLUSIONS:

1.  The applicant’s DD Form 214 shows that he was wounded in action in Korea on 29 November 1950.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show award of the Purple Heart. 

2.  The applicant served a period of honorable active duty from 15 January 1949 through 30 June 1951.  Therefore, he is entitled to award of the National Defense Service Medal and correction of his records to show this award.

3.  The applicant was awarded the Korean Service Medal for his service during the Korean Conflict.  Therefore, he is entitled to award of the United Nations Service Medal and correction of his records to show this award.

4.  While the applicant was assigned to the 37th Field Artillery Battalion, it was cited for award of the Republic of Korea Presidential Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for wounds sustained on 29 November 1950, National Defense Service Medal, United Nations Service Medal and Republic of Korea Presidential Unit Citation.

BOARD VOTE:  

__ENA__  __MDM__  __CSG__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mr. Mark D. Manning_
		        CHAIRPERSON

INDEX

CASE ID	AR2000047737	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/09	
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.