PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 August 2003
	DOCKET NUMBER:   AR2003087230

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. John T. Meixell		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 and that it be added to his records. 

3.  The applicant states that he received the Purple Heart Ribbon on 15 September 1950 at Tokyo General Hospital; however, he never received orders or the actual medal and it was not included on his report of separation (DD Form 214), despite the fact that his wound was annotated. 

4.  The applicant’s military records show that he enlisted on 7 April 1948 for a period of 3 years.  He completed his training and was transferred to Japan on 7 July 1948.  He remained in Japan until he was transferred to Korea with his unit on 15 July 1950.  He was promoted to the rank of sergeant on 20 August 1950 and on 13 September 1950, he was wounded in action (mortar fragments to right hand and leg) in Korea and was evacuated to a hospital in Japan.  He was subsequently evacuated to a hospital in the United States.  On 16 September 1950, General Orders Number 190 were published by the hospital, which awarded the applicant the Purple Heart for wounds received in action in Korea on 13 September 1950, while assigned to Company E, 5th Cavalry Regiment, 1st Cavalry Division.

5.  He was honorably discharged on 6 April 1951 for the purpose of immediate reenlistment.  He reenlisted on 7 April 1951 and remained on active duty until he was honorably discharged in the pay grade of E-6 on 20 June 1960, due to the expiration of his term of service.  His awards included the Army of Occupation Medal (Japan), Army of Occupation Medal (Germany), Combat Infantryman Badge, National Defense Service Medal, Korean Service Medal with two bronze service stars and the United Nations Service Medal.  Although the orders awarding the Purple Heart are in his records, there is no indication that the Purple Heart was ever awarded to him formally or annotated on his records. 

6.  The applicant joined the United States Army Reserve (USAR) on 21 October 1976 and remained in an active status until he was transferred to the USAR Control Group (Retired) on 20 September 1985.  He was retired in the rank of first sergeant on 26 October 1988.

7.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

8.  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 Korea 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.

9.  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 with his copy of these proceedings.  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.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was wounded in action in Korea on 13 September 1950, that he was treated for his wounds and it was made a matter of record.  

2.  Orders were published by the treating hospital in Japan to show he was awarded the Purple Heart on 16 September 1950; however, there is no indication in the available records to show that he was ever formally presented with the Purple Heart and it was not annotated on his records.

3.  Accordingly, it must be presumed that the failure to award him the Purple Heart Medal Set and to annotate his records was the result of an administrative oversight.  Therefore, the Board finds that it would be in the interest of justice to correct his records to show his award of the Purple Heart and to issue him the medal set.

4.  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 that the individual concerned was awarded the Purple Heart and by issuing him a Purple Heart Medal Set.

BOARD VOTE:  

__fe ____  ___jm___  __mvt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003087230	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/08/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.