PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            19 August 2003
	DOCKET NUMBER:   AR2003087928

	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. Luis Almodova		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 the Purple Heart be added to his 
DD Form 214, Report of Separation from the Armed Forces of the United States.

3.  The applicant states, in effect, that he was awarded the Purple Heart after he was wounded in action during the Korean Conflict and it is not shown on his DD Form 214. 

4.  The applicant submitted a copy of his DD Form 214, with an effective date of separation of 3 October 1952, and a clipping from his local newspaper, in support of his application.

5.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

6.  The applicant's DD Form 214 reflects that he was inducted into the Army of the United States on 4 January 1951.  He was trained in the military occupational specialty, 4745, Light Weapons Infantryman.  He was released from active duty on 3 October 1952, in the rank of Corporal, under the provisions of Army Regulation (AR) 615-365 and Section III, Circular 58 dated 1952 and SR (Service Regulation) 615-363-5 after having completed 1 year and 9 months active Federal service.

7.  The applicant was transferred to the Enlisted Reserve Corps to complete the remainder of his eight years service obligation under the Universal Military Training and Service Act.

8.  The DD Form 214 issued the applicant further shows that he was awarded the Korean Service Medal with one bronze service star, the United Nations Service Medal, the Army of Occupation Medal with Japan Clasp, and the Combat Infantryman Badge.  The Purple Heart is not shown and the applicant did not provide any orders awarding him the Purple Heart.

9.  The Hospital Admission Card Data File created by the Office of the Surgeon General, Department of the Army, and made available to the National Personnel Records Center, by the National Research Council, was reviewed for any information that the applicant was wounded in action during the Korea War.  No record that he was wounded in action was found.

10.  Block 29 (Wounds Received as a Result of Action with Enemy Forces), of the applicant's DD Form 214, has the entry, "None."

11.  The newspaper clipping that the applicant submitted identifies the soldier who is pictured as the applicant and states that he "has been awarded the Purple Heart following a wound in the leg in the Korean fighting last month."  The newspaper clipping provides no other information as to the date the applicant was wounded or the geographical location of the action in which he was wounded.

12.  AR 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.

13.  AR 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.  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 heroic 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.  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 provided.  Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214.

CONCLUSIONS:

1.  The evidence of record shows that the applicant served on active duty during one of the qualifying periods during which the National Defense Service Medal was awarded. This award is not shown on his DD Form 214.  The applicant is therefore entitled to award of the National Defense Service Medal and to have it shown on his separation document.

2.  The Board considered the applicant’s contention that he was entitled to award of the Purple Heart.

3.  No evidence was found in the listing, Casualties of the Korean War, US Army, which would indicate that the applicant was wounded in action against an enemy force.

4.  The Board noted that the applicant’s DD Form 214, prepared at the time of his release from active military service, shows no entitlement to the Purple Heart and that he received no wounds as a result of hostile action.  

5.  The newspaper clipping that the applicant submitted provides no information as to the date the applicant was allegedly wounded or the geographical location of the action in which he was wounded.  Additionally, it is not known what the source for the news article was.

6.  There is no official evidence upon which to base addition of the Purple Heart to the applicant's DD Form 214 at this time.

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

RECOMMENDATION:

1.  That all Department of the Army records related to this case be corrected by awarding the applicant the National Defense Service Medal and adding it to his DD Form 214.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___fe ___  ___jm___  __mvt ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2003087928	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0150	
3.		
4.		
5.		
6.