PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            8 February 2001 
	DOCKET NUMBER:   AR2000048799

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. George D. Paxson		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 that his military records be corrected to reflect that he "was wounded in action in Korea" and, in effect, that his other medals be entered on his separation document.  He notes that he was able to have his awards replaced but that he would like them entered on his separation report “to make it not so hard to get things done that may come up in the future.”  He states that a request for the Republic of Korea Presidential Unit Citation precipitated this request to have his records corrected.

3.  Although records available to the Board are extremely limited it is clear that the applicant initially entered active duty in 1948 and was discharged for the purpose of immediate reenlistment on 6 December 1951.  The only DD Form 214 (Report of Separation from the Armed Forces of the United States) available to the Board, however, covers the applicant's service from 7 December 1951 until 
12 November 1954.  At the time of his 7 December 1951 reenlistment the applicant was assigned to Fort Knox, Kentucky and went on to serve nearly two years in Germany prior to his 1954 discharge.

4.  Western Union telegrams to the applicant's mother confirm he was assigned to Korea and was wounded as a result of hostile action on 27 November 1950 and 12 February 1951.  The messages do not indicate the applicant's unit of assignment at the time he was wounded nor what duties he was performing.  In all probability awards associated with his combat service in Korea and his awards of the Purple Heart would have been recorded on his 6 December 1951 separation document which is no longer in any available records and which the applicant indicated in correspondence to the Board that he does not have.

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

6.  Army Regulation 600-8-22 indicates that the Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954.  Bronze service stars on the Korean Service Medal denote participation in designated campaign periods.  At the time the applicant was wounded in November 1950 the CCF Intervention Campaign was under way.  His February 1951 injury occurred during the First UN Counter Offensive Campaign.  Individuals awarded the Korean Service Medal are automatically entitled to the United Nations Service Medal.  

CONCLUSIONS:

1.  The evidence clearly confirms the applicant was wounded on two separate occasions as a result of hostile action while in Korea and as such is entitled to two awards of the Purple Heart.  Based on his service in Korea he would also have been entitled to the Korean Service Medal with two bronze service stars and the United Nations Service Medal.  The absence of confirmation of his unit of assignment while in Korea, however, makes it impossible to determine if he was in a unit which was awarded the Republic of Korea Presidential Unit Citation.

2.  The Board notes that it is possible the applicant's awards of the Purple Heart and his Korean Service Medal, in addition to any other awards he may have received as a result of his initial term of military service, were likely on his separation document which would have been issued at the time of his discharge for the purpose of immediate reenlistment on 6 December 1951.  

3.  However, based on available information the Board is only able to confirm his entitled to two Purple Hearts, the Korean Service Medal with two bronze service stars and the United Nations Service Medal.  Because other information concerning the applicant's initial period of active service is not available it would be impossible to reconstruct a separation document to capture his service between 1948 and 6 December 1951.  However, it would be appropriate, as a matter of justice, to confirm the known awards from his Korean era service by adding those awards to his 1954 DD Form 214.  The additions of those awards to the 1954 separation document would enable the applicant to have those decorations reflected on an official document which would be considered as acceptable evidence of entitlement to those decorations by a variety of organizations.

4.  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 awarding the individual concerned two Purple Hearts for wounds sustained on 27 November 1950 and 12 February 1951 as a result of hostile action;

b.  by showing that he is entitled to the Korean Service Medal with two bronze service stars; and the United Nations Service Medal; and

c.  in the interest of justice by correcting his 1954 DD Form 214 to show those decorations (two Purple Hearts, Korean Service Medal with two bronze service stars, United Nations Service Medal).

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jl____  ____dph_  ___gdp__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000048799	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010208	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.