PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           7 November 2002 
	DOCKET NUMBER:   AR2002072640

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Donald P. Hupman		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 that he be awarded the Purple Heart that he should have received when he was wounded in Korea.

3.  The applicant states that he was never awarded the Purple Heart for combat wounds he received in Korea.

4.  In support of his request, he submits a copy of his DD Form 214, Report of Separation, and a Department of Veterans Affairs (DVA) Rating Decision showing that he is receiving compensation for a scar that resulted from a gun shot wound received in the Korean War.

5.  The applicant’s military records show that he was called to active duty from the California Army National Guard on 1 September 1950, and served as an infantryman with the 223rd Infantry, 40th Infantry Division, in Korea.  He was honorably released back to the California Army National Guard on 23 April 1952, in the grade of corporal.

6.  Awards shown on his DD Form 214 include the Korean Service Medal with 2 Bronze Service Stars, the United Nations Service Medal and the Combat Infantryman Badge.  At the applicant’s request, the National Personnel Records Center had issued to him on 2 April 2002, all of the awards to which he was determined to be entitled, which included the Good Conduct Medal and the National Defense Service Medal, in addition to the awards previously mentioned. The Purple Heart was not one of those awards.

7.  The DVA Rating Decision provided by the applicant shows that on 13 December 2001, he was awarded service connection for residuals of a gun shot wound, left wrist, with scar, with an evaluation of 10 percent effective 13 November 2000.

8.  The DVA decision was predicated upon the applicant’s separation medical examination of 22 April 1952, which indicated that he had a gun shot wound to the left wrist that had healed.  The Standard Form 89, Report of Medical History, completed at the time of his separation contains the following entry in item 40 (physician’s summary) – “Wounded in action left wrist.  Healed completely.”

9.  Information obtained from hospital admission cards created by The Office of the Surgeon General, shows that the applicant was admitted to a medical treatment facility in Korea on 22 April 1951 with a bullet wound to the ulna (forearm) resulting from action by the enemy.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that during the period of his assignment to the 223rd Infantry, 40th Infantry Division, in Korea, the unit was awarded the Republic of Korea Presidential Unit Citation.

11.  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 evidence of record shows that the applicant was wounded in action in Korea on 22 April 1951, and is entitled to the Purple Heart for that wound.

2.  Further, based on the award of the Republic of Korea Presidential Unit Citation to the 223rd Infantry, 40th Infantry Division, during the period of his assignment, he is also entitled to have this award reflected in his record.

3.  Finally, 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.

4.  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 that the individual concerned was awarded the Purple Heart for wounds sustained in action in Korea on 22 April 1951, and the Republic of Korea Presidential Unit Citation.

BOARD VOTE:  

____dph_  ____tbr__  ___rvo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O'Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2002072640	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021107	
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		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.