PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            15 November 2001
	DOCKET NUMBER:   AR2001062294

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley 		Member	
	Ms. Karen A. Heinz		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

3.  The applicant states that his DD Form 214 shows that he was wounded, but his discharge document does not show that he was awarded the Purple Heart.

4.  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 the applicant was called to active duty for 21 months.  He entered active duty on 16 January 1951 and served 9 months and 25 days of overseas service; however, the specific dates of his service in Korea are not known.  The applicant was honorably discharged from active duty on 12 July 1952.

5.  The applicant’s DD Form 214 shows in item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry “Korea 13 Oct 51” [13 October 1951].

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

7.  The Board noted that the applicant may be entitled to other decorations and awards in addition to award of the Korean Service Medal, the Combat Infantryman Badge, and the United Nations Service Medal on his DD form 214.  

8.  The Board also noted that the entry in item 27 “1 Bz Svc Medal” is in error and should read “1 bronze service star” which by regulation is to be affixed to the applicant’s award of the Korean Service Medal.

9.  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.

10.  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.

11.  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 5th Infantry Regiment, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 19 September 1950 to 31 July 1952 by Department of the Army General Orders Number 41-55. 

12.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal which includes the Korean Service Medal.

CONCLUSIONS:

1.  The applicant is entitled to award of the Purple Heart based on wounds sustained in action on 13 October 1951 in Korea.  Therefore, he is entitled to correction of item 27 of his DD Form 214 to show award of the Purple Heart.

2.  Based on the applicant’s active duty service during the period 16 January 1951 through 12 July 1952, he is entitled to award of the National Defense Service Medal and correction of his records to show this award.

3.  The applicant was assigned to the 5th Infantry Regiment when 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.

4.  Based on the applicant’s service in Korea during the Korean conflict, the applicant is entitled to award of the Korean Service Medal which is correctly shown on his DD Form 214 and credit for one campaign which is incorrectly indicated by the entry “1 Bz Svc Medal”.  This entry should be corrected to read “Korean Service Medal with one bronze Service Star.”

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:

	a.  by awarding the individual concerned the Purple Heart based on wounds sustained in action in Korea on 13 October 1951;

	b.  by showing he was awarded the National Defense Service Medal and Republic of Korea Presidential Unit Citation; 
	c.  by deleting the entry “Korean Svc Medal” and the entry “1 Bz Svc Medal” on his DD Form 214; and 

	d.  by adding the entry “Korean Service Medal with one bronze service star” on his DD Form 214. 

BOARD VOTE:  

__INW___  __SK___  __KAH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. Irene N. Wheelwright_
		        CHAIRPERSON

INDEX

CASE ID	AR2001062294	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011115	
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 SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.