PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  24 July 2003
	DOCKET NUMBER:  AR2003084886

	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	
	Ms. Joyce A. Wright		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 he be awarded the Silver Star, the Purple Heart and the Good Conduct Medal.  The applicant's request for award of the Silver Star is addressed by separate correspondence and will not be discussed further.

3.  The applicant states that while serving in Korea, he was ambushed and saved many lives and is entitled to the Silver Star.  In support of his application, he provides three Standard Forms 519 (Radiographic Reports). 

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 (AD) on 5 September 1950.  He served in Korea and was released from AD on 1 July 1952.  He had completed 1 year, 9 months, 27 days of total active service.  

5.  The applicant’s DD Form 214 shows he was awarded the Army of Occupation Medal with Japan Clasp, the Korean Service Medal with one bronze service star, and the United Nations Service Medal.  His discharge document does not show the Purple Heart, Good Conduct Medal, or the Silver Star as authorized awards.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “None.”  There is no record that the applicant was awarded the Purple Heart.  There also is no evidence in his records that show he was wounded or treated for wounds as a result of hostile action.  

7.  The applicant’s records contain several radiographic reports, which show that he was diagnosed as having:  deformity at the junction of the middle distal (remote) shaft of the left clavicle (collar bone); paranasal (beside the nose) sinuses; and slight prominence of the left ventricular (any small cavity) contour of the heart, all of which were non-battle injuries.

8.  There is no indication in the available records that show he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal. 
There is no evidence of derogatory information contained in the available records.

9.  The applicant's DD Form 214 shows that he attained the rank of sergeant (SGT) prior to separation, had no lost time, and was transferred to the Enlisted Reserve Corps.

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.  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.

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 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 Board notes the available medical evidence contained in the applicant’s records which shows that he was diagnosed as having non-battle injuries.  The Board also notes that there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or wounded due to hostile action while serving in Korea.  Therefore, the applicant is not eligible for award of the Purple Heart.
2.  The applicant is eligible for the first award of the Good Conduct Medal for the period 5 September 1950 to 1 July 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant is entitled to correction of his records to show this award. 

3.  The evidence of record shows that the applicant was eligible for the National Defense Service Medal.  Therefore, he is entitled to correction of records to show this award.

4.  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 for the individual concerned be corrected by showing that he was awarded the first award of the Good Conduct Medal for the period 5 September 1950 to 1 July 1952 and the National Defense Service Medal.

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

BOARD VOTE:  

__AO___  __JI___  ___YM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2003084886	
SUFFIX		
RECON		
DATE BOARDED	20030724	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19520701	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	61	
2.		
3.		
4.		
5.		
6.