PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:          11 SEPTEMBER 2003                    
	DOCKET NUMBER:  AR2003088018

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Christopher J. Prosser		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 award of the Purple Heart. 

3.  The applicant states that he was injured by shrapnel from a mine explosion in combat in 1952.  On 1 April 1952 he was a platoon sergeant with Tank Company, 180th Infantry Regiment of the 45th Infantry Division in the Chor Won Reservoir area in Korea.  He and his supply truck operator went to a supply point for paint.  Returning to the area of operations the truck they were in made contact with an enemy box mine and it exploded.  The truck was destroyed and he and the other soldier were injured.  He was medically evacuated to a rear field hospital, where he was treated for his injuries.  He remained in the hospital for two or three days suffering from a head and hip injury.  His body was numb and frozen earth was imbedded into his skin.  His eyes and ears were injured.  He was never awarded the Purple Heart for his injuries.  There is no medical record for the treatment that he received on that day. 

4.  The applicant’s military records show that he entered on active duty from Durant, Oklahoma on 1 September 1950 in the rank of sergeant and was released from active duty to the National Guard in the rank of sergeant first class on 1 July 1952.  He was on active duty with Tank Company, 180th Infantry Regiment of the 45th Infantry Division, a National Guard organization, during the Korean War.  The 180th was awarded the Republic of Korea Presidential Unit Citation for its actions during the period the applicant was assigned to that organization.  His DD Form 214 shows that he was awarded the Army of Occupation Medal (Japan), the United Nations Service Medal, the Korean Service Medal with one bronze service star, and the Combat Infantryman Badge. It does not show award of the Purple Heart. 

5.  The applicant continued his service subsequent to his release from active duty in July 1952, and retired in the grade of Chief Warrant Officer Four on        31 January 1978.

6.  With his request the applicant submits a copy of the first page of a report of medical examination, dated 27 June 1952, which shows that he had a scar from a shrapnel flesh wound to his forehead; a copy of a notice from the Veterans Administration awarding him a disability rating, although not for a wound to his forehead; copies of photographs showing a badly damaged vehicle; and a copy of an article showing that he and another soldier ran over a land mine with their truck and that the applicant received a minor cut on his forehead.  He also submits statements from former comrades, who all indicate that they were members of the applicant's company, and that an enemy mine was detonated by a truck in which the applicant was riding, and that the applicant was evacuated to a medical facility to the rear of the unit.  All stated that they did not know the extent of the applicant's injury.

7.  An unofficial roster of the 180th Infantry Division for the period 1 September 1950 to 1 December 1951, taken from a web site, shows that all the individuals who provided statements of support were members of Tank Company,          180th Infantry Division, and were all from the applicant's home town in Durant. 
The soldier in the truck with the applicant was a member of Service Company of the 180th.

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 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 award to eligible US veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to the veterans.

9.  The Department of Defense has 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 provide 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 evidence is sufficient to conclude that the applicant was wounded in action on 1 April 1952.  He is entitled to award of the Purple Heart.

2.  The applicant is also entitled to award of the Republic of Korea Presidential Unit Citation.  

3.  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 the Republic of Korea Presidential Unit Citation. 

BOARD VOTE:  

__SK ___  __CJP __  __JTM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____ Stanley Kelley____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088018	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030911	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.