PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            21 August 2003
	DOCKET NUMBER:   AR2003088656

	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. John N. Sloan		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 that he be awarded the Purple Heart and that his records be corrected accordingly.

3.  The applicant states, in effect, that he was injured on 21 April 1953 by enemy mortar fire near Kumsong, North Korea, and should have been awarded the Purple Heart; however he never received one.  In support of his application he submits a copy of his report of separation (DD Form 214) and a Clinical Record Cover Sheet (DD Form 481-1) showing that he was wounded by enemy shell fragments to the right thigh on 21 April 1953.

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, information obtained from reconstructed records show that he was serving in the Ohio Army National Guard (OHARNG) when he was called to active duty on 15 January 1952, for a period of 24 months.

5.  On 21 April 1953, while serving in Korea in the rank of private, the applicant was wounded by shrapnel from enemy mortar fire.  He was initially treated at the 300th Armored Field Artillery Medical Detachment and was subsequently evacuated to the 279th General Hospital.

6.  He was subsequently reassigned to Fort Knox, Kentucky, where he served until he was honorably released from active duty and was transferred to the OHARNG on 21 January 1954.  He had served 2 years and 1 day of active service and was awarded the Korean Service Medal with one bronze service star, the National Defense Service Medal, the United Nations Service Medal and a Meritorious Unit Citation.  In block 29 of his DD Form 214, under wounds, it indicates "None".  There is no evidence in the available records to show that he was ever awarded the Purple Heart for his wounds.

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 available evidence of record clearly shows that the applicant was wounded in action against the enemy and that his treatment was made a matter of record.  However, it appears that an administrative oversight resulted in the failure to properly award the applicant the Purple Heart that he was entitled to receive.

2.  Accordingly, the Board finds that it would be in the interest of justice to award him the Purple Heart at this time.

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 awarding the individual concerned the Purple Heart for wounds received in action against the enemy in Korea on 21 April 1953, while serving as a private, and by correcting his records accordingly.

BOARD VOTE:  

___js____  ___rwa__  ___rks __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone ______
		        CHAIRPERSON

INDEX

CASE ID	AR2003088656	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/08/21	
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.