PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           25 June 2002
	DOCKET NUMBER:   AR2001063049

	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. Walter Avery		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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, in effect, that he believes his wounds entitle him to the Purple Heart.

4.  The applicant’s counsel states that the applicant’s request should be supported.  The American Legion, as the counsel for the applicant, requests that relief be granted consistent with the evidence available.

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 the applicant enlisted for 3 years in 1950.  He entered active duty in August 1950 (the exact date could not be read but appears to be 2 August) and served 8 months and 4 days of overseas service; however, the specific dates of his service in Korea are not known.  The applicant achieved the rank of corporal, had no lost time, and was honorably discharged from active duty on 1 May 1953.

6.  The applicant’s DD Form 214 shows in item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry “SRW RT HAND 2 FEB 1952", which is interpreted to read shrapnel wound, right hand, 2 February 1952.

7.  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.  It reflects he was awarded the "KSM [Korean Service Medal] W/1 CAMP STAR" and the combat infantryman badge.

8.  The Board also noted that the entry in item 27 “1 CAMP STAR" 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, 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.

10.  The same regulation provides that: 

a.  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.

b.  the Good Conduct Medal is awarded to soldiers who distinguish themselves by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.  For the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.

           c.  the 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.

           d.  the United Nations Service Medal period of eligibility 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.

11.  The Board also noted that the applicant’s service during the Korean War may entitle him to award of the Korean War Service Medal from the Government of the Republic of Korea on the occasion of the 50th anniversary of the Korean War.  The Department of Defense has accepted and approved this foreign unit award for wear by eligible veterans of all services, and the Department of the Air Force is responsible for determining eligibility for and making distribution of the Korean War Service Medal to eligible veterans.

CONCLUSIONS:

1.  The applicant is entitled to award of the Purple Heart based on wounds sustained in action on 2 February 1952 in Korea.  Therefore, he is entitled to correction of item 27 of his DD Form 214 to show award of the Purple Heart.

2.  Additionally, he served during a period when the National Defense Service Medal and the United Nations Service Medal were authorized and he should have these awards reflected on his DD Form 214 as well.

3.  The applicant’s DD Form 214 reflects that he served honorably during a period of conflict, achieved the grade of corporal, had no lost time, and that he was honorably discharged; therefore, the Board concludes that he most likely was qualified for the award of the Good Conduct Medal for the entire period of service from 2 August 1950 to 1 May 1953.

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 CAMP STAR”.  This entry should be corrected to read “Korean Service Medal with one bronze service star.”

5.  The Board noted the applicant served in Korea during the Korean Conflict, which would entitle him to the Korean War Service Medal.  The Korean War Service Medal is available to veterans of the Korean War.  However, the determination of eligibility and the issuance of the award are handled by the US Air Force.  The applicant should provide a copy of his DD Form 214 (and DD Form 215, if appropriate) together with a request that he be issued the award to the US Air Force Personnel Center, 550 C Street West, Randolph AFB, Texas 78150-4714.

6.  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 to the individual concerned the Purple Heart based on wounds sustained in action in Korea on 2 February 1953;

	b.  by showing he was awarded the National Defense Service Medal and the United Nations Service Medal; 

	c.  by showing he was awarded the Good Conduct Medal for the period 2 August 1950 through 1 May 1953;

	d.  by deleting the entry “KSM W/1 CAMP STAR" on his DD Form 214; and 

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________John N. Slone________
		        CHAIRPERSON

INDEX

CASE ID	AR2001063049	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020625	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.