PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           23 October 2003                  
	DOCKET NUMBER:   AR2003088702

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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 his records be corrected to show award of the Purple Heart and the Korean Service War Medal.

3.  Since it appears that the applicant has applied for but not yet received the final authorization for Korean War Service Medal, the Board will not address this issue.  He is requested to reapply when he receives the final authorization documentation from the Air Force.

4.  The applicant defers to counsel.

5.  Counsel states that a review of the records in the custody of the Department of Veterans Affairs (VA) show that he received shrapnel wounds to his right foot for which he is receiving VA disability benefits.  He also states that the applicant advises him that he has received the Korean War Service Medal but has not received a notification of a correction of his records.

6.  The applicant's military records are not available and are presumed to have been lost or destroyed in the National Personnel Records Center fire of 1973.  

7.  His DD Form 214 (Report of Separation) shows he served on active duty from 19 February 1951 through 15 January 1953.  His service in Korea was with Company I, 17th Infantry Regiment, 7th Infantry Division as an infantryman.  

8.  The DD Form 214 lists his awards and decorations as the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge.  

9.  Block 29 (Wounds Received As A Result Of Action With Enemy Forces) shows that he received fragment wounds to his right foot on 20 October 1952.

10.  A 14 January 1953 SF Form 88 (Report of Medical Examination) shows he received shrapnel wounds to his right foot in October 1952 and that he was hospitalized for 25 days at the 279th General Hospital in Japan.

11.  A VA Rating Decision, dated 24 February 2003, shows he was granted an increase in his disability rating for the residuals of a shell fragment wound to his right foot with retained foreign body.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by a medical officer, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22, paragraph 2-10, shows that the National Defense Service Medal was first established on 22 April 1953 and amended to show entitlement for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 through the present.

14.  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 heroic 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.  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.  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 have it added to his DD Form 214.

CONCLUSIONS:

1.  The applicant received a wound to his right foot as a result of enemy action on 20 October 1952; therefore, he is entitled to the Purple Heart.

2.  The National Defense Service Medal was not established until after his release from active duty.  However, award of this medal was made retroactive to 27 June 1950.  Therefore, he is entitled to award of the National Defense Service Medal.

3.  Based on the award of the above medals, it is appropriate to correct his records to show his awards and decorations as the Purple Heart, the Korean War Service Medal with one bronze service star, the United Nations Service Medal, the National Defense Service Medal, and the Combat Infantryman Badge.

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct errors in the records.

RECOMMENDATION:

That his records be corrected to show his awards and decorations as the Purple Heart, the Korean War Service Medal with one bronze service star, the United Nations Service Medal, the National Defense Service Medal, and the Combat Infantryman Badge.

BOARD VOTE:  

__JHL___  __MPK__  __AAO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_   Joann H. Langston_
		        CHAIRPERSON

INDEX

CASE ID	AR2003088702	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT partial	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.