PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            23 July 2002
	DOCKET NUMBER:   AR2002073724

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Gail J. Wire		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 for being wounded in combat in Korea.

3.  The applicant states that he never received the Purple Heart, but that he was hospitalized and received treatment for wounds.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 23 October 1951.  He served almost 15 months of overseas service; however, the specific dates of his service in Korea are not shown in the limited records available to the Board.  The applicant was honorably separated from active duty on 3 September 1953. 

5.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show the Purple Heart in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6.  Item 29 (Wounds Received As A Result Of Action With Enemy Forces) of his DD Form 214 shows the entry, “NA” [not applicable].

7.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  There are no hospital admission records in the Office of The Surgeon General of the Army which show the applicant was hospitalized or treated for wounds as a result of hostile action.

8.  Review of the applicant’s records reveals that he is eligible for award of the Good Conduct Medal and the National Defense Service Medal.

9.  There is no indication in the applicant’s available personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant had no time lost and was advanced to the rank of corporal (temporary) in approximately 19 months.  There is no indication of indiscipline or lost time in his records.

10.  Army Regulation 600-8-22 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.

11.  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.  

12.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

13.  For your 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.  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.  A copy of the administrative instructions for submitting his request for award of the Korean War Service Medal to the Department of the Air Force will be attached to the copy of these Proceedings mailed directly to the applicant.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  In the absence of such evidence, there is insufficient evidence upon which to base award of the Purple Heart.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 23 October 1951 through 3 September 1953 based on completion of a period of qualifying service ending with termination of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  Based on the applicant’s service during the Korean War era, he is entitled to award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show award of this service medal.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Good Conduct Medal for the period 23 October 1951 through 3 September 1953 and was awarded the National Defense Service Medal.

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

BOARD VOTE:  

__GJW__  __HOF__  __JLP___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. Jennifer L. Prater_
		        CHAIRPERSON

INDEX

CASE ID	AR2002073724	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020723	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.