PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           24 July 2003                   
	DOCKET NUMBER:   AR2003083879

	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. Richard P. Nelson 		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Yolanda Maldonado		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 reflect award of the Purple Heart as a result of being wounded in Korea.

3.  The applicant states that he was wounded, as a result of a grenade explosion in a fox hole, and that fragments from that grenade are still embedded in his right knee.  In support of his request, he has submitted a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); a copy of WD AGO Form 55 (Honorable Discharge); a copy of a Veteran’s Administration Rating Decision, dated 23 August 2001; an undated black and white photograph of a soldier holding a rifle; a copy of a handwritten letter from the applicant’s then squad leader, dated 1 November 2002, which discusses generalities of the Korean War and the applicant’s capabilities as a soldier; a copy of a radiology report, dated 28 December 2000; and, a copy of a statement by his medical doctor, dated 29 June 2001.

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 consist primarily of his DD Form 214.

5.  The available records show that the applicant enlisted in the Army on 2 April 1948 for a period of 3 years.  He was involuntarily extended for 1 year and served overseas for a total of 3 years, 1 month, and 18 days.  The applicant was honorably discharged from the service on 1 April 1952, in the rank of corporal, having served exactly 4 years on active duty.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, and authenticated in the applicant’s own hand, does not show entitlement to award of the Purple Heart.  Item 29  (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214 contains the entry, "None."

7.  There are no orders in the available records which show that the applicant was awarded the Purple Heart and the applicant has not provided a copy of orders awarding him the Purple Heart.

8.  There are no hospital admission records from the Office of the Surgeon General which show the applicant was admitted, or treated, for wounds resulting from gun shot, shell fragment, or any other type wound normally associated with engagement with hostile forces in a combat environment.  The applicant’s name is not on the Korean War casualty list.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

10.  There is no indication in the applicant’s personnel record 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.  There is no indication of indiscipline and there is no evidence that the applicant had any lost time while on active duty.

11.  Army Regulation 600-8-22 (Military Awards) 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.  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 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.

13.  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 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 authenticated his DD Form 214, which did not show award of the Purple Heart or wounds sustained in action.

2.  There are no medical records that show the applicant was wounded, or treated for wounds, as a result of hostile action.

3.  There are no orders which awarded the applicant the Purple Heart.
4.  Neither the Veteran’s Administration rating decision nor the statement provided in the applicant’s behalf, establish that he met the criteria for award of the Purple Heart.

5.  Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart.

6.  However, it would appear that the applicant was entitled to award of the Good Conduct Medal.

7.  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 to show that the individual concerned was awarded the first award of the Good Conduct Medal for the period 2 April 1948 to 1 April 1951.

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

BOARD VOTE:  

___aao__  ___ym___  ___jpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Arthur A. Omartian_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003083879	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030724	
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.		
2.		
3.		
4.		
5.		
6.