PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            14 May 2002
	DOCKET NUMBER:   AR2002069134

	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. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman		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.

3.  The applicant states that his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show award of the Purple Heart or that he was wounded while serving in Korea.  

4.  In support of his application, the applicant submitted a copy of a letter from a former Member of Congress congratulating the applicant on receiving the Purple Heart and an award certificate for the Purple Heart.

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 he was inducted on 7 May 1951.  He served overseas for 10 months and 5 days and was honorably separated from active duty on 13 February 1953.  

6.  The applicant’s DD Form 214 does not show award of the Purple Heart in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  His DD Form 214 also shows in item 29 (Wounds Received As A Result Of Action With Enemy Forces) the entry, “NONE.”

7.  The applicant provided an award certificate which shows that he was awarded the Purple Heart on 7 October 1965 for wounds sustained in Korea on 7 May 1952.  

8.  The admission records of the Office of the Surgeon General of the Army show that the applicant was a member of the 31st Infantry Regiment when he was wounded in action on 7 May 1952 and treated for these wounds.

9.  The Board also noted that the applicant was entitled to award of the National Defense Service Medal, the Navy Unit Commendation, and the Republic of Korea Presidential Unit Citation which are not shown on his DD Form 214.  The Board is also providing information to the applicant on award of the Korean War Service Medal to which he may be entitled.

10.  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.

11.  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.

12.  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 Navy Unit Commendation for actions during the period 11 August 1952 through 5 May 1953 by Department of the Army General Orders Number 38-57. 

13.  Department of the Army Pamphlet 672-1 also 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 30 September 1950 to 27 July 1953 by Department of the Army General Orders Number 22-56. 

14.  On the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services.  A copy of the administrative instructions for submitting his request for award of the Korean War Service Medal to the Department of the Air Force will be attached to the copy of these Proceedings mailed directly to the applicant.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was wounded in action in Korea on 7 May 1952 and was awarded the Purple Heart for these wounds.  However, his DD Form 214 does not show this award in item 27 and the date and location of his wounding in item 29.  Therefore, the applicant is entitled to correction of his DD form 214 to show award of the Purple Heart and that he was wounded in action in Korea on 7 May 1952.

2.  The applicant served a period of qualifying service for award of the National Defense Service Medal; therefore, he is entitled to this award and correction of his records to show award of the National Defense Service Medal.

3.  Records reveal that the applicant was a member of the 31st Infantry Regiment when it was cited for award of the Navy Unit Commendation; therefore, he is entitled to correction of his records to show this unit award. 

4.  Orders show that the applicant was a member of the 31st 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.

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 showing in item 27 of the DD Form 214 of the individual concerned award of the Purple Heart and by showing in item 29 he sustained these wounds in Korea on 7 May 1952;

	b.  by showing he was awarded the National Defense Service Medal, the Navy Unit Commendation, and the Republic of Korea Presidential Unit Citation.

BOARD VOTE:  

__KAN__  __MHM__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mr. Melvin H. Meyer__
		        CHAIRPERSON

INDEX

CASE ID	AR2002060134	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020514	
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.