PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:           30 October 2003 
	DOCKET NUMBER:  AR2003085839

	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. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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).  

3.  The applicant states, in effect, that he was injured in action in Korea on 
2 December 1951.  In support of his application, he provides the Western Union Telegram that notified his mother of his injury.  

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 applicant’s separation document (DD Form 214) confirms that he entered active duty on 16 May 1950 and that he continuously served until being honorably separated on 16 May 1953.  It also shows that he completed 3 years of active military service and that he held the rank of corporal on the date he was separated.  The DD Form 214 also shows that during his tenure on active duty he earned the following awards:  Korean Service Medal (KSM) with 5 bronze service stars; Combat Infantryman Badge; Distinguished Unit Citation; and Army of Occupation Medal with Japan Clasp.  

6.  The applicant provides an extract of a newspaper article that indicates a 
1951 article in the same newspaper had reported that the applicant was reported wounded in Korea.   He also provides a copy of the Western Union Telegram 
that was sent to his mother from The Adjutant General (TAG) of the Army.  It indicated that the applicant was injured in action in Korea on 2 December 1951.   

7.  In connection with the processing of this case, a member of the Board staff reviewed the Korean War Casualty Roster.  The applicant’s name was included on this list of casualties.  The entry confirms he was wounded or injured in action while serving in Korea on 2 December 1951.  

8.  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.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action.  The wound or injury for which the PH is being awarded must have required treatment by a medical officer, this treatment must be supported by medical treatment records that were made a matter of official record. 

9.  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 KSM automatically establish eligibility for the UNSM. 

10.  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.  By regulation, in order to support awarding a member the PH, it is necessary to establish that a member was wounded in action, that the wound for which the award is being made required treatment by a medical officer, and that this treatment was made a matter of official record.  

2.  The information contained in the newspaper article extract and Western Union Telegram provided by the applicant is corroborated by the Korean War Casualty Roster and supports the applicant’s claim of entitlement to the PH.  As a result, it would be appropriate to award him the Purple Heart, for being injured in action on 2 December 1951, while serving as a private first class in Korea.  

3.  During its review of this case, it was also determined that the applicant is entitled to the UNSM for his qualifying service in Korea, as evidence by his receiving the KSM.  

4.  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.  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.

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

RECOMMENDATION:

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 on 2 December 1951, while serving as a private first class in Korea; by showing he is entitled to the United Nations Service Medal for his qualifying service in Korea; and by providing him a corrected separation document that includes these awards.  

BOARD VOTE:  

__CLG__  __EL___  __LB         GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Curtis L. Greenway
		  CHAIRPERSON

INDEX

CASE ID	AR2003085839	
SUFFIX		
RECON		
DATE BOARDED	2003/10/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1953/05/15	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.