PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            21 August 2003                  
	DOCKET NUMBER:    AR2003088389

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Regan K. Smith		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 (PH).

3.  The applicant states, in effect, that he was wounded during the Korean Conflict and to date has yet to receive the PH.  In support of his application, he submits a copy of his separation document (DD Form 214), dated 24 January 1952. 

4.  The applicant’s military records show that he entered the Army on 14 January 1948 and through a series of reenlistments served until being honorably released from active duty (REFRAD) for the purpose of retirement on 31 May 1964.  On the date of his REFRAD, the applicant held the rank of staff sergeant/E-6 (SSG/E-6), he was serving in military occupational specialty (MOS) 76T (Aircraft Repairman Parts Specialist), and he had completed a total of 20 years and 4 months of active military service.

5.  The DD Form 214 issued to him upon his 24 January 1952 honorable separation confirms that he had served overseas for 1 year, 9 months, and 
6 days, and that his most significant duty assignment was Headquarters & Headquarters Battery (HHB), 369th Anti-Aircraft Artillery (AAA) Gunnery Battalion, Korea.  The awards listed in this separation document include the Combat Infantryman Badge, Army of Occupation Medal (Japan), and Korean Service Medal.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “Shrapnel Wounds Both Legs & Compound Fracture Left Knee 29 August 50.”

6.  Section 6 (Original Assignment and Organizations to Which Subsequently Assigned During This Period of Service) of the applicant’s Service Record 
(WD AGO Form 24A) for the period 14 January 1948 through 24 January 1952 shows that he was reassigned from Korea to Letterman Army Hospital in September 1950.  Section 8 (Wounds Received Through Enemy Action) contains the entry “Slightly Injured, 29 August 1950.”

7.  The DD Form 214 issued to the applicant upon his discharge on 30 March 1955 listed the following awards in Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):  Army of Occupation Medal (Japan & Germany); National Defense Service Medal; United Nations Service Medal; and Korean Service Medal with 2 bronze service stars.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained in action.  The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

9.  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.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be awarded the PH and it finds this claim has merit.  By regulation, in order to support award of the PH, there must be evidence to show a member was wounded in action, that the wound was treated by a medical officer, and the record of this medical treatment must have been made a matter of official record.  

2.  The evidence includes an entry in Section 8 (Wounds Received Through Enemy Action) of the applicant’s WD AGO Form 24 that confirms that he was wounded/injured as a direct result of enemy action on 29 August 1950.  This entry is corroborated:  by the entry in Section 6, which shows he was reassigned from Korea to Letterman Army Hospital in September 1950; and by the entry “Shrapnel Wound Both Legs and Fractured Left Knee Cap, 29 August 1950” contained in Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s 24 January 1952 DD Form 214.  Thus, the Board finds that the regulatory criteria necessary to support award of the PH has been satisfied in this case, and it concludes that it would be appropriate to award the applicant the PH at this time.  

3.  The applicant is advised that 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 enclosed for the applicant’s use.  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.

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 awarding the individual concerned the Purple Heart for wounds he received in action on 29 August 1950 while serving as a private first class in Korea, and by providing him a corrected separation document that includes this award.  

BOARD VOTE:  

_JS___  __RWA___  __RKS _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  John N. Slone
		CHAIRPERSON

INDEX

CASE ID	AR2002088389	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR	
DISCHARGE REASON		
BOARD DECISION	 GRANT	
REVIEW AUTHORITY		
ISSUES         1. 61	107.0015	
2.		
3.		
4.		
5.		
6.