PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 July 2003                   
	DOCKET NUMBER:   AR2003087368

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Ms. Margaret V. Thompson 		Member	
	Mr. Eric N. Andersen		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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.	 

3.  The applicant did not provide an explanation with his application.  

4.  The applicant’s military records have been lost or destroyed.  This case is being considered using reconstructed records.  The applicant's reconstructed records consist primarily of the DD Form 214 and limited medical records.

5.  The applicant's reconstructed records show the applicant enlisted on 18 July 1950.  He served as a cannoneer in Korea and was honorably discharged on 
18 July 1953.

6.  The applicant's DD Form 214 does not show the Purple Heart as an authorized award.  However, item 29 (Wound Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 shows he sustained a gunshot wound to his right thigh on 24 February 1951.

7.  The Korean War Casualty Roster shows the applicant was wounded in action on 12 February 1951.

8.  The Office of the Surgeon General Hospital List also shows the applicant was diagnosed with frostbite (toes) on 23 February 1951 in Korea.  As a result of this injury, one toe was amputated.  

9.  The applicant's DD Form 214 shows award of the Korean Service Medal with one bronze service star.

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.  While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award.  Until 23 August 1951, Army Regulation 600-45, which governed the award of Army decorations, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.

12.  Army Regulation 600-8-22 states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

13.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

14.  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.

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.  Item 29 on the applicant's DD Form 214 shows he sustained a gunshot wound to his right thigh on 24 February 1951.  However, the Korean War Casualty Roster shows the applicant was wounded in action on 12 February 1951.   Therefore, the applicant is entitled to an award of the Purple Heart and correction of item 29 on his DD Form 214 to show he was wounded on 12 February 1951 in Korea.
2.  Medical evidence of record also shows the applicant was diagnosed with frostbite on 23 February 1951 in Korea severe enough to warrant amputation of his toe.  Therefore, the applicant is entitled to a second award of the Purple Heart and correction of his DD Form 214 to show award of the Purple Heart with First Oak Leaf Cluster.  Also, item 29 on his DD Form 214 should be corrected to show this injury.

3.  The Board notes the applicant is entitled to award of the United Nations Service Medal and the National Defense Service Medal and correction of his DD Form 214 to show these awards.

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: 

	a.  by showing that the applicant was awarded the Purple Heart with First Oak Leaf Cluster, the United Nations Service Medal and the National Defense Service Medal; 

	b.  by deleting the entry, "GW Right Thigh 24 Feb 51" in item 29 on his DD Form 214; and

	c.  by adding the entries, "GW Right Thigh, 12 Feb 51, Korea" and "Frostbite (toes), 23 Feb 51, Korea" in item 29 on his DD Form 214.   

BOARD VOTE:  

FNE____  MVT_____  ENA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003087368	
SUFFIX		
RECON		
DATE BOARDED	20030715	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.