PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 October 2002
	DOCKET NUMBER:   AR2002069730

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		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 award of the Purple Heart.

3.  The applicant states that he was wounded in Korea in 1952.  He states that he was presented the Purple Heart, but that it was never placed on his DD Form 214.

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 he entered active duty on 16 February 1951 and completed training as an infantryman.  He served six months and nine days of foreign service, and was honorably separated from active duty on 17 February 1953.

5.  The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show the Purple Heart as an authorized award in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  Item 29 (Wounds Received As A Result Of Action With Enemy Forces) on his discharge document shows the entry "NONE." 

6.  A search of the unit records at the National Archives at Suitland, Maryland, failed to reveal any records which support the applicant's claim for award of the Purple Heart.

7.  The applicant's reconstructed records contain a copy of an article from the Boston Daily Record, dated 3 November 1952.  This article shows the Defense Department list of casualties for the New England area.  The article contains the applicant's name as a member of the Army wounded from the State of Rhode Island.

8.  The Internet contains a data file identified as Korean War Casualty File which contains casualty information on U.S. Army soldiers who participated in the Korean War.  This data file, which is also identified as the "TAGOKOR, 1950-1953," was purchased from the National Archives and Records Administration by an individual who obtained a copyright for this data and now independently manages this web site.  The file consists of 109,975 records of individual casualties extracted from the Korean War Casualty File and placed on the web site.  The web site notes state that, since errors appear in the original data file published by the U.S. Government, no changes can be made to the original data. The web site also contains "Web Site Additions."  These additions reflected casualties that had been somehow "overlooked" in the compilation of the Korean War Casualty File.  The web site notes state that the additions were based on either a General Order awarding the Purple Heart, the Certificate for the Purple Heart, or a DD-214 showing the Purple Heart had been awarded and that the additions to the web site listings are distinctively marked in blue and in no way modify the original Korean War Casualty File.

9.  The Korean War Casualty File from the Internet contains a listing for the applicant.  This entry shows the applicant's name, correct service number, and home of record.  It also shows that the applicant was an infantryman and that he was a member of the 279th Infantry Regiment of the 45th Infantry Division when he sustained a missile wound in action in North Korea on 16 October 1952 and was hospitalized.  

10.  The Board also noted that the applicant was eligible for award of the National Defense Service Medal which is not shown on his DD Form 214.

11.  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.  

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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

13.  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.  In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal.  When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214.

CONCLUSIONS:

1.  There is no evidence in the limited military records available which shows the applicant was wounded as a result of hostile action or was awarded the Purple Heart.

2.  The applicant's records contain a newspaper article which shows that the Defense Department listed the applicant as wounded during the Korean War.

3.  The Internet contains a data base, derived from records of the National Archives and Records Administration, which shows that the applicant was wounded in action 16 October 1952 while a member of the 279th Infantry Regiment of the 45th Infantry Division.

4.  Based on the foregoing, the Board determined that the newspaper article listing the applicant as a casualty and the data base on the internet listing the applicant as wounded in action on 16 October 1952 are sufficient as a basis for award of the Purple Heart in this case and correction of his records to show this award.

5.  Based on the dates of the applicant's military service, he is also entitled to award of the National Defense Service Medal and correction of his records to show this award.  

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 the individual concerned was awarded the Purple Heart for wounds sustained in Korea on 16 October 1952 and was awarded the National Defense Service Medal.

BOARD VOTE:  

__BJE__  __KAH__  __RVO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mr. Raymond V. O'Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2002069730	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021024	
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.