PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 October 2003     
	DOCKET NUMBER:  AR2003085773

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Robert J. Osborn		Member	
	Ms. Eloise C. Prendergast		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 Purple Heart.

3.  The applicant states that in April 1953, as the chief of the fire direction center, he had to burn all the firing charts and papers before leaving for their forward position.  During that operation he sustained a burn on his left hand and was treated by the company medic.  

4.  The applicant’s military records were presumably lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from reconstructed records consisting primarily of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States and a certificate awarding the applicant the Commendation Ribbon with metal pendant (now known as the Army Commendation Medal).

5.  The applicant was inducted into the Army on 7 May 1952.  He was promoted to sergeant on 17 August 1953.  He was honorably released from active duty on 20 January 1954 after completing 1 year, 8 months, and 14 days of creditable active service with no lost time.  

6.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Korean Service Medal with 2 bronze service stars, and the United National Service Medal.  Item 29 (Wounds received as a result of action with enemy forces) contains the entry, "NONE."  Item 28 (Most significant duty assignment) shows the applicant's unit as Battery A, 57th Field Artillery Battalion.

7.  The applicant is not listed on the Korean War Casualty Roster.

8.  On 26 February 1954, the applicant was awarded the Commendation Ribbon with metal pendant for meritorious service with Battery A, 57th Field Artillery during the period 5 March 1953 to 20 December 1953.

9.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

11. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II and the Korean War.  This document shows that, at the time of the applicant's assignment to the 57th Field Artillery Battalion, it was cited      for award of the Republic of Korea Presidential Unit Citation for the period         30 September 1950 through 27 July 1953 by Department of the Army General Orders Number 22, dated 1956.

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 award.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services.  To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, TX 78150-4714.  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 contends that he burned his hand while burning documents prior to leaving for a forward position.  There is no evidence of record and the applicant provides none, nor does he contend, that he was wounded as a result of action against the enemy.  The Board therefore concludes that there is insufficient evidence to show he met the eligibility criteria for award of the Purple Heart.

2.  The Board notes that the applicant was promoted to sergeant in a little more than 14 months of service.  The Board therefore concludes that he met the 
eligibility criteria for award of the Army Good Conduct Medal and it should be added to his DD Form 214.

3.  The evidence of record shows the applicant was awarded the Commendation Ribbon with metal pendant (now known as the Army Commendation Medal).  His DD Form 214 should be amended to add the Army Commendation Medal.

4.  The evidence of record shows the applicant was assigned to a unit during a period of time that unit was awarded the Republic of Korea Presidential Unit Citation.  Therefore, his DD Form 214 should be amended to add this unit award.

5.  In view of the foregoing, the applicant’s records should be corrected but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.  awarding the applicant the Army Good Conduct Medal for the period 7 May 1952 through 20 January 1954; and 

     b.  by amending the applicant's DD Form 214 to add the Army Good Conduct Medal, the Army Commendation Medal, and the Republic of Korea Presidential Unit Citation.

2.  That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:  

__rvo___  __rjo___  __ecp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O'Connor_
		        CHAIRPERSON

INDEX

CASE ID	AR2003085773	
SUFFIX		
RECON		
DATE BOARDED	20031009	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.