PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            14 August 2003
	DOCKET NUMBER:   AR2003086616

	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	
	M .Gerard W. Schwartz		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Linda M. Barker		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 award of the Purple Heart.

3.  The applicant states in effect, that he wants a correction to prove that he is entitled to a Purple Heart.  He was injured in Korea in May 1951 and was hospitalized in the 141st General Hospital in Japan for six weeks.  He has been receiving disability since 1956 which was approved by the Veterans Administration in Cleveland, Ohio.

4.  In support of his application he submits his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), an honorable discharge certificate and a letter from the National Records Personnel Center which states in effect, that his records were destroyed or lost during the fire of 1973.

5.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant entered the active duty Army on 20 April 1950.  He served in Korea in the 1st Airborne Ranger Company and was separated with an honorable characterization of service on 19 April 1953.  Highest grade achieved was E-4.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.

7.  However, the applicant's name is listed on the Korean Casualty Roster.  It states, in effect, that the applicant was assigned to the 1st Airborne Ranger Company in Korea when he was seriously wounded in action by a missile on 15 February 1951 and later returned to duty.  Additionally, the applicant is listed on the Surgeon General Office (SGO) hospital admission files as "Wound, lacerated, missile with no nerve or artery involvement."

8.  A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veterans service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.

9.  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.
10.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Additionally, records show there is no indication of indiscipline in his records.

11.  Army Regulation 600-8-22 (Military Awards) 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.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

12.  There is no annotation of the National Defense Service Medal on the applicant's DD Form 214.

13.  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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by the units which served in the Korean conflict.  This document shows the unit to which the applicant was assigned, the 1st Airborne Ranger Company, was cited for award of the Distinguished Unit Citation (now known as the Presidential Unit Citation) for actions during the period 13 February 1951 through 15 February 1951 under Department of the Army General Orders number 49, dated 1951.

15.  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.

16.  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 considered the applicant’s request for award of the Purple Heart and the documents which he submitted in support of his claim.  The Board also reviewed the available service personnel records.

2.  The Board noted the applicant's name on the Korean War Casualty Roster and SGO files, which in effect, stated the applicant was seriously wounded in action by a missile on 15 February 1951.  The Board considered this information substantiating evidence to verify a wound received in hostile action requiring medical treatment and that treatment was made a matter of official record.  Therefore, he is entitled to correction of his records to show award of the Purple Heart.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 20 April 1950 through 19 April 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  The Board noted that the applicant is eligible for awards not shown on his DD Form 214.

5.  The applicant is entitled to award of the National Defense Service Medal based upon his service during the qualifying period between 27 July 1950 through 27 July 1954.  Therefore, he is entitled to correction of his records to show this award.

6.  General Orders show the applicant is entitled to award of the Presidential Unit Citation.  Therefore, he is entitled to correction of his records to show this award.

7.  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 showing the individual concerned was awarded the Purple Heart, Good Conduct Medal, National Defense Service Medal and the Presidential Unit Citation.

BOARD VOTE:  

_RVO___  __JEA___  __LMB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________RVO_____________
		        CHAIRPERSON

INDEX

CASE ID	AR2003086616	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030814	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR2003086616	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.