PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           2 October 2003                  
	DOCKET NUMBER:   AR2003084296

	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. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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, in effect, award of the Purple Heart and to receive the medals authorized for his period of service in Vietnam.

3.  The applicant states that he was blown off a tank in Vietnam and sustained injuries from that incident.  He also states he was told that his Vietnam decorations would be issued at a later date.  

4.  The applicant’s military records show that he entered active duty in the Army Air Corps on 12 January 1946 and was separated on 20 June 1946 as a minor.  

5.  He reenlisted on 16 March 1950 and served continuously until discharged on 5 October 1970 due to physical disability, bilateral degeneration of the macula (eye) and severe hearing loss in the left ear.  His last reenlistment was on 11 February 1970.  During these periods of service the applicant served in the military occupational specialty of 94B (Cook).

6.  The applicant’s records shows his overseas service as: Korea from 25 January 1954 through 27 September 1955 and from 6 October 1964 through 15 October 1965; Germany from 16 April 1956 through 23 October 1960 and from 6 February 1968 through 16 May 1969; and Vietnam from 19 July 1969 through 21 April 1970.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was authorized and/or awarded the World War II Victory Medal, the Korean Service Medal, the United Nations Service Medal, the Good Conduct Medal (2nd award), the National Defense Service Medal with one oak leaf cluster, the Vietnam Service Medal with 2 bronze service stars, the Republic of Vietnam (RVN) Campaign Medal, the RVN Gallantry Cross with Palm Unit Citation and the Expert Badge with Rifle Bar.

8.  The applicant’s final DD Form 214 (Report of Transfer or Discharge), dated 5 October 1970, shows that the applicant had 20 years, 11 months and 29 days of service.  It shows only that period of foreign service that occurred during his last enlistment and only award of the RVN Campaign Medal.

9.  A review of the Vietnam Casualty List shows the only entry for the applicant was a non-hostile incident on 29 March 1970.  

10.  A review of the appropriate Unit Citation and Campaign Credit Register did not disclose entitlement to any additional decorations not recorded on the applicant’s prior discharge documents or on his DA Form 20.

11.   Army Regulation 635-5 sets forth the required entries on the DD Form 214.  At the time of the applicant’s final separation the regulation required listing of all awards and decorations for all periods of service. 
12.  Army Regulation 600-8-22 provides, the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  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.  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. 

14.  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 provided.  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 available documentation fails to show that the applicant sustained a wound or injury that was the result of hostile action.  There is insufficient evidence to substantiate an award of the Purple Heart.

2.  The applicant’s DD Form 214, dated 5 October 1970, was incorrectly prepared; it did not list all of his authorized awards.  It is therefore appropriate to correct this document to show all of his awards as: the World War II Victory Medal, the Korean Service Medal, the United Nations Service Medal, the Good Conduct Medal (2nd award), the National Defense Service Medal with one oak leaf cluster, the Vietnam Service Medal with 2 bronze service stars, the RVN Gallantry Cross with Palm Unit Citation and the Expert Badge with Rifle Bar.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by adding the following awards and decorations to the 5 October 1970 DD Form 214 for the individual concerned: the World War II Victory Medal, the Korean Service Medal, the United Nations Service Medal, the Good Conduct Medal (2nd award), the National Defense Service Medal with one oak leaf cluster, the Vietnam Service Medal with 2 bronze service stars, the RVN Gallantry Cross with Palm Unit Citation and the Expert Badge with Rifle Bar.

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

BOARD VOTE:  

__KAN__  __LE____  __JTM___ GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Kathleen A. Newman__
		        CHAIRPERSON

INDEX

CASE ID	AR2003084296	
SUFFIX		
RECON		
DATE BOARDED	20031002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT,partial	
REVIEW AUTHORITY		
ISSUES         1.	Purple Heart not shown	
2.		
3.		
4.		
5.		
6.