PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 July 2002
	DOCKET NUMBER:    AR2002071259

	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. Ted S. Kanamine		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Harry B. Oberg		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.  In support of his request, he submits a copy of his DD Form 214.

5.  The applicant's military personnel records could not be located at the National Personnel Records Center.  Information herein was derived from documents provided by the applicant.

6.  His DD Form 214, signed by the applicant, reflects that he was honorably discharged on 29 September 1951, at the rank of corporal.  He had completed a total of 3 years, 0 months and 29 days of creditable active service and had no lost time.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "Korea 31 August 1950" and "Korea 29 November 1950."

7.  His awards include the Korean Service Medal with 5 bronze service stars, the Combat Infantryman Badge, the Occupation Ribbon, and the Distinguished Unit Citation.  The Purple Heart is not shown as an authorized award.

8.  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.

9.  The same regulation provides that: 

a.  the National Defense Service Medal is awarded for honorable active service for any period between 27 June 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.

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 each 3 years completed on or after 27 August 1940.  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 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.

            d.  the bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Purple Heart.

10.  Department of the Army Pamphlet 672-1 also shows the unit to which the applicant was assigned, the 23d Infantry Regiment, 2d Infantry Division, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 1 to 5 September 1950, per Department of the Army General Orders 35-51, and 16 September 1950 to 26 October 1953, per Department of the Army General Orders Number 10-54. 

11.  The Board noted the applicant served in Korea during the Korean Conflict, which would entitle him to the Korean War Service Medal.  As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korea 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 service award to eligible US veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to veterans.  

CONCLUSIONS:

1.  The applicant is entitled to two awards of the Purple Heart based on wounds sustained in action on 31 August 1950 and 29 November 1950 in Korea.  Therefore, he is entitled to correction of item 27 of his DD Form 214 to show award of the Purple Heart with first oak leaf cluster.

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 three year period of service from 1 September 1948 through 31 August 1951.

4.  Records reveal that the applicant was a member of the 23rd 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 unit award. 

5.  The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is being provided to the applicant.  Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his or her 
DD Form 214.

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:

	a.  showing that the individual concerned was awarded the Purple Heart with first oak leaf cluster based on wounds sustained in action in Korea on 31 August 1950 and 29 November 1950;

	b.  showing that he was awarded the National Defense Service Medal, the United Nations Service Medal and the Republic of Korea Presidential Unit Citation; and

	c.  showing that he was awarded the Good Conduct Medal for the three year period 1 September 1948 through 31 August 1951.

BOARD VOTE:  

___jtm___  ____tsk_  ____hbo_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Ted S. Kanamine_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002071259	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020711	
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.