PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           8 May 2003                   
	DOCKET NUMBER:   AR2003084675

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler 		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Robert L. Duecaster		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, that he be awarded the Purple Heart (PH) for wounds he received in action on 1 September 1950, 26 September 1950, and 28 November 1950, while serving in Korea.  

3.  The applicant states, in effect, that he should not be denied these awards to which he is entitled based on the wounds he received in action during his combat service in Korea.  In support of his application, he provides a copy of his separation document (DD Form 214, a self-authorized synopsis of his assignment history, a copy of the Western Union Telegram that notified his mother he had been wounded in action, and a copy of the orders awarding him the Combat Infantryman Badge (CIB).  

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

5.  The separation document (DD Form 214) issued to the applicant on the date of his release from active duty (REFRAD) shows that he entered the Army on 
10 January 1949, and that he continuously served on active duty until being honorably separated on 14 January 1952.  At the time of his discharge, he had completed a total of 3 years and 5 days of active military service.

6.  The applicant’s DD Form 214 also shows that he was promoted to the rank of sergeant on 4 September 1951, and that he held that rank on the date of his separation.  It also confirms that he served overseas for 1 year, 5 months, and 
4 days.  This document also confirms that during his active duty tenure he earned the CIB, Army of Occupation Medal with Japan Clasp, Korean Service Medal, and 4 Overseas Bars.   The PH is not included in the list of authorized awards contained in the DD Form 214.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “None”.  

7.  Also on file is a military record finding report from the National Archives and Records Administration (NARA), dated 10 February 2003.  This document contains information from hospital admission cards created by the Office of The Surgeon General (OTSG) for the period 1950-1954.  These files show that the applicant was admitted to medical treatment facilities in Korea on 1 September 1950, 9 September 1950, and 30 November 1950.  

8.  The NARA files show that on 1 September 1950, the applicant was admitted for treatment of a wound to the thigh.  The treatment record confirms he received this wound as a direct result of action against or by an organized enemy.  On
9 September 1950, he was again admitted for treatment of a wound to the leg, which the treatment record also confirms was received as a direct result of action against or by an organized enemy.  On 30 November 1950, the applicant was admitted for treatment of frostbite; however, the treatment record does not categorize this injury as battle or combat related.

9.  The applicant provides a copy of a Western Union Telegram that the Army sent to his mother notifying her that the applicant was slightly wounded in action in Korea on 1 September 1950.  

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  A wound is defined as an injury to any part of the body from an outside force or agent sustained in any action against an enemy or hostile force.  To support award of the PH, there must be evidence to show that the wound for which the award is being made required treatment by a medical officer, and the records of the medical treatment for wounds or injuries received in action must have been made a matter of official record.  It further provides specific examples of those injuries or wounds which clearly do not qualify for award of the Purple Heart, frostbite in included in this list.  

11.  Paragraph 2-10 of the awards regulation contains guidance on award of the National Defense Service Medal (NDSM).  It states, in pertinent part, that it was awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive.  

12.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940.  While there is no automatic entitlement to the AGCM, disqualification must be justified.  

13.  Paragraph 9-12 of the same regulation contains guidance on the United Nations Service Medal (UNSM).  It states in pertinent part, that members who were dispatched to Korea or adjacent areas for service on behalf of the United Nations in the action in Korea are eligible for the award.  It further specifies that personnel awarded the Korean Service Medal automatically establish eligibility for the UNSM. 

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 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.  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.  

CONCLUSIONS:

1.  The OTSG medical treatment records confirm that while serving in Korea, the applicant received a wound to his thigh on 1 September 1950, and this wound was the direct result of action against or by an organized enemy.  The treatment records also verify that he received a wound to the leg on 9 September 1950, which was also the result of direct action against or by an organized enemy.  

2.  In the opinion of the Board, the OTSG medical treatment records satisfy the regulatory burden of proof required to support award of the PH for both of the wounds the applicant received in action on 1 and 9 September 1950.  Therefore, it concludes that it would be appropriate to award the applicant the PH and 
PH 1st Oak Leaf Cluster at this time.  However, this evidence does not support award of a third PH for the frostbite injury the applicant received on 30 November 1950.   By regulation, frostbite injuries do not qualify for award of the PH.  

3.  During its review of this case, the Board also discovered the applicant was entitled to other awards that are not included in his record or separation document.  Lacking any evidence of a specific disqualification by any of the active duty commanders for which he served, the Board finds that the applicant is entitled to the Army Good Conduct Medal for his qualifying period of honorable active duty service from 10 January 1949 through  9 January 1952.  

4.  The Board also finds the applicant is also entitled to the NDSM, for his period of qualifying active duty service, and the UNSM, for his qualifying period of service in Korea.  Thus, it concludes it would also be appropriate to add these awards to his records at this time. 

5.  The applicant is advised that to apply for the Korean War Service Medal, he should submit a copy of his 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 Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214.

6.  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 by awarding the individual concerned the Purple Heart, for being wounded in action in Korea on 1 September 1950, the Purple Heart 1st Oak Leaf Cluster, for being wounded in action in Korea on 9 September 1950, and the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 10 January 1949 through 9 January 1952; by showing he is entitled to the National Defense Service Medal, for his period of qualifying active duty service and the United Nations Service Medal, for his qualifying service in Korea; and by providing him a corrected separation document that includes these awards.  

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

BOARD VOTE:  

___MM__  __SAC__  __RLD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler
		   CHAIRPERSON

INDEX

CASE ID	AR2003084675	
SUFFIX		
RECON		
DATE BOARDED	2003/05/08	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1952/01/14	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.  46	107.0000	
3.		
4.		
5.		
6.