PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 July 2002
	DOCKET NUMBER:   AR2002071946

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur O. Omartian		Member	
	Mr. Raymond J. Wagner		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, in effect, that he be awarded the Purple Heart (PH). 

3.  The applicant states, in effect, the he was wounded in combat, but his separation document (DD Form 214) does not include the PH in the list of authorized awards.  In support of his application, he submits a copy of his 
DD Form 214. 

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s separation DD Form 214 which he forwarded with his application.  

5.  The applicant’s separation document shows that he entered the Army on 
19 May 1952, and that he served on active duty for 3 years until being honorably separated on 18 May 1955.  The DD Form 214 also shows that he served as a heavy weapons infantryman and held the rank of private on the date of his separation.  It also shows that during his active duty tenure, the applicant earned the following awards:  Combat Infantryman Badge; United Nations Service Medal; National Defense Service Medal; and Korean Service Medal with 
2 bronze service stars.  The PH was not included in this list of authorized awards. Finally, Item 34 (Wounds Received in Action) contains the entry “None”, which indicates that he was not wounded in action during his active duty tenure.  

6.  The available evidence of record contains no derogatory information that would preclude the applicant from receiving the Army Good Conduct Medal (AGCM), or that he was ever disqualified from receiving the AGCM by any of the active duty commanders for which he served. 

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  In order to support awarding the PH there must be evidence to show that an individual was wounded in action, that the wound for which the PH is being awarded required medical treatment, and that this treatment was made a matter of official record.

8.  Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period for award of the AGCM is 3 years. There is no automatic entitlement to the AGCM; however, disqualification must be justified.

9.  On 20 August 1999, the Defense Department approved the acceptance and wear of the Korean War Service Medal.  This award is authorized for those members who served in Korea between 25 June 1950 and 27 July 1953.  The Department of the Air Force was made the executive agent for providing these awards.  The award may be requested by submitting a letter to the following address:  “HQ, AFPC/DPPPRK, 550 C Street W, Ste 12, Randolph AFB, TX 78150-4714.”  Veterans should include with their request, a copy of their separation document (DD Form 214) or correction to the separation document (DD Form 215), that shows that he/she was awarded the Korean Service Medal and the United Nations Service Medal.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be awarded the PH for wounds he received in action while serving in Korea and that his military records should be corrected to show award of the PH.  However, it finds insufficient evidence to support this claim. 

2.  By regulation, in order to award the PH for a wound received in action, it is necessary to establish that the wound for which the award is being made required medical treatment and that this treatment was made a matter of official record.  Lacking any evidence of record or independent evidence that satisfies this regulatory criteria, the Board concludes that there is insufficient evidence to recommend the award of the PH. 

3.  The Board wishes to congratulate the applicant on his outstanding combat service in Korea, and to advise him that the veracity of his claim of entitlement to the PH is not in question.  However, based on the lack of evidence, it is compelled to take this action in the interest of fairness to all those who served in Korea and who faced similar circumstances. 

4.  During the review of this case, the Board did find that the applicant is entitled to awards that were not included in his record or his separation document, and it concludes that it would be appropriate to add these awards to his record at this time. 

5.  The evidence of record confirms that the applicant served a qualifying period of honorable service, from 19 May 1952 through 18 May 1955, that entitles him to the AGCM.  Lacking any derogatory information on file and/or a specific disqualifying action from any of the active duty unit commanders for which he served, the Board concludes that it would be appropriate to add this award to his record at this time.

6.  The applicant is advised that if he desires to receive his Korean War Service Medal, he should submit a request to:  HQ AFPC/DPPPRK, 550 C Street W, 
Ste 12, Randolph AFB, TX  78150-4714.  The request should include the following statement:  “I served in the country of Korea, its territorial waters, or its airspace during the period 25 June 1950 to 27 July 1953 and have enclosed a copy of a source document, with my Social Security Number/Military Service Number, which proves my service in Korea.  I understand that the enclosed copy of my source document will not be returned, and since this is a Foreign Service award, the Korean War Service Medal will only be issued once.”  The request should also indicate the service the veteran served with in Korea (in this case the Army), and the complete address where he would like the medal sent.  This address should include the applicant’s full name, service number, and address with street name, city, state, and zip code.  Finally, the applicant must sign this request.  

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Army Good Conduct Medal for his honorable service from 19 May 1952 to 18 May 1955; and providing him a corrected separation document that includes this award.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__KAK__  __AOA__  __RJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Karol A. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2002071946	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/02	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Partial Relief	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.