PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 April 2002                  
	DOCKET NUMBER:   AR2002066435

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher 		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 and any other awards or decorations to which he may be entitled. 

3.  The applicant states that some awards were left off of his DD Form 214 when he was separated from the service.  In support of his application, he submits a copy of his DD Form 214.

4.  The Veterans of Foreign Wars, as counsel for the applicant, was notified of the applicant’s pending review by the Board; however, no brief was submitted within the given time frame. 

5.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 
12 December 1950.  He served in Korea and was honorably discharged on 
1 November 1952.  

6.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  However, item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows he was wounded as a result of action with enemy forces on 11 September 1951 in Korea.

7.  The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 12 September 1951 for a leg wound as a direct result of enemy action in Korea.

8.  The applicant’s DD Form 214 shows the Combat Infantryman Badge and the Korean Service Medal as authorized awards.

9.  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 19 September 1950 to 31 July 1952 by Department of the Army General Orders Number 41-55. 

10.  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.

11.  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.

12.  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.

CONCLUSIONS:

1.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 shows he was wounded as a result of hostile action on 11 September 1951 in Korea.

2.  Medical evidence of record shows the applicant was hospitalized on 
12 September 1951 for a leg wound as a result of hostile action in Korea.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart.  

3.  The applicant’s unit was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 19 September 1950 to 31 July 1952.  Therefore, he is entitled to correction of his DD Form 214 to show this unit citation.   

4.  Evidence of record shows the applicant received the Korean Service Medal.  In accordance with the governing regulation, the applicant is entitled to award of the United Nations Service Medal based on award of the Korean Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show award of the United Nations Service Medal.

5.  The applicant is entitled to award of the National Defense Service Medal for his honorable service during the period 12 December 1950 to 1 November 1952. Therefore, he is entitled to correction of his military records to show award of the National Defense Service Medal.  

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 by showing that the individual concerned was awarded the Purple Heart, the Republic of Korea Presidential Unit Citation, the United Nations Service Medal and the National Defense Service Medal.

BOARD VOTE:  

AAO____  RWA___  KYF_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2002066435	
SUFFIX		
RECON		
DATE BOARDED	20020402	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0092	
3.	107.0085	
4.	107.0069	
5.		
6.