PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           17 SEPTEMBER 2002                   
	DOCKET NUMBER:   AR2002071995

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Thomas B. Redfern III		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 received an injury to both his ears as a result of combat with the enemy while serving with the 180th Infantry Regiment during the Korean War.  The applicant provides a copy of a 13 February 2002 rating decision by the Department of Veterans Affairs (VA) which awarded him a         10 percent service connected disability for impaired hearing, bilateral; and a      10 percent disability for tinnitus – both effective on 2 August 2000.  The VA noted that a doctor’s consultation report indicated that the applicant complained of tinnitus and hearing loss since exposure to shelling in the Korean conflict while serving in the military.  The VA examiner noted that the applicant claimed a hearing loss related to exposure to mortar and artillery shells, that the applicant reported the onset of tinnitus occurring in 1952 during an artillery barrage when his company was attempting to take a hill.  The applicant stated that the barrage lasted some hours, was very close, and that he could barely hear when he got to the top of the hill.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

5.  The applicant’s military records show that he was inducted into the Army on   1 December 1951, served in Korea, and was awarded the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge by the 180th Infantry  Regiment .  His DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show award of the Purple Heart.  Item 29 of that form (Wounds Received as a Result of Action with Enemy Forces) contains the word, “None.”  He was released from active duty with an honorable characterization of service in the rank of corporal on        2 September 1953.  He had 1 year, 9 months, and 2 days of service during this period of service, of which 1 year and 29 days was overseas.  He had no time lost.  The 180th was awarded the Republic of Korea Presidential Unit Citation for its actions during the applicant’s assignment to that organization.   

6.  On 25 April 1991 the Army Reserve Personnel Center at St. Louis authorized the issuance of the Good Conduct Medal and the National Defense Service   Medal in addition to those awards reflected on his DD Form 214.  That agency also indicated that he was authorized the award of the Republic of Korea Presidential Unit Citation. 

7.  Army Regulation 600-8-22 provides 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.
8.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

9.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

10.  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 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 to eligible US veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to the veterans.

11.  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 or their surviving next of kin.  To apply, veterans must provide 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 Korean War Service Medal has been 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 award to his    DD Form 214.

CONCLUSIONS:

1.  The applicant’s medical records are not available and there is no evidence, and the applicant has not submitted any, to show that he was wounded in action during the Korean War.  The information indicated in the 13 February 2002 VA rating decision is insufficient to correct the applicant’s records to show award of the Purple Heart.

2.  The applicant served his country honorably and faithfully, and although authorization was granted in 1991 to issue the applicant the Army Good Conduct Medal, that award is not reflected on his DD Form 214.  He is entitled to that award and it should be shown in his record.  

3.  By the same token, the applicant’s record should reflect award of the National Defense Service Medal and the Republic of Korea Presidential Unit Citation. 

4.  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 showing that the individual concerned was awarded the Army Good Conduct Medal, the Republic of Korea Presidential Unit Citation, and the National Defense Service Medal. 

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

BOARD VOTE:  

__EJA __  __TBF  __  __KAH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Elzey J. Arledge, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2002071995	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020917	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.