PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 August 2002      
	DOCKET NUMBER:   AR2002072495

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret V. Thompson 		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 that he received a shoulder wound during the assault against the enemies of the United States at the Mason Front in Korea on 
25 September 1950.  He also contends that the Purple Heart was never documented on his DD Form 214 or issued.  In support of his application, he submits a copy of his DD Form 214; a letter of explanation dated 15 January 2002; a document pertaining to a name change; and a Standard Form 180 (Request Pertaining to Military Records) dated 15 January 2002.  

4.  The applicant’s military records were destroyed during the National Personnel Records Center fire of 1973 and limited information is available.  His records show that he enlisted on 20 September 1948 for a period of 3 years and was involuntarily extended for 1 year.  He served as a military policeman in Korea and was honorably discharged on 17 June 1952.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  However, item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry, “25 Sep 50 [September 1950] Mason Front, Korea.”

6.  There is no evidence in the available records which show the applicant was wounded in action on 25 September 1950 in Korea.

7.  The available records contain information from the Hospital Admission Cards created by the Office of the Surgeon General, Department of the Army (1942-1945 and 1950-1954) which indicates the applicant was hospitalized for a compound fracture to his spine and trunk and for a bullet wound to his arm as a direct result of enemy action on 19 September 1950 in Korea.

8.  The applicant’s DD Form 214 shows entitlement to the Army of Occupation Medal (Japan Clasp) and the Combat Infantryman Badge.  The Board notes that the applicant is eligible for award of the Korean Service Medal and the United Nations Service Medal. 

9.  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.

10.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded 

for qualifying service in the theater of operations between 27 June 1950 and 
27 July 1954.

11.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal 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.

12.  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.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 shows the applicant was wounded in action on 
25 September 1950 in Korea.

2.  However, medical evidence of record shows the applicant was wounded in action on 19 September 1950 in Korea.  Therefore, the Board determined that the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart for wounds received in action on 19 September 1950 in Korea, not on 25 September 1950. 

3.  Based on the applicant’s service in Korea, he is entitled to award of the Korean Service Medal and correction of his military records to show this award.

4.  In accordance with the governing regulation, award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.  Therefore, the applicant is entitled to correction of his military records to show this 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 awarding the individual concerned the Purple Heart;

b.  by adding the entries, “Purple Heart”, “Korean Service Medal” and “United Nations Service Medal” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214;

	c.  by deleting the entry, “25 Sep 50 Mason Front, Korea” in item 
29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214; and

		d.  by adding the entry, “19 Sep 50 Mason Front, Korea” in item 29 on his DD Form 214.

BOARD VOTE:  

RJW___  LE______  MVT_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2002072495	
SUFFIX		
RECON		
DATE BOARDED	20020808	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.