PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           4 November 2003
	DOCKET NUMBER:  AR2003088868

	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. Fred N. Eichorn		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Antonio Uribe		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.

3.  The applicant states that he was wounded in combat in Korea on 21 May 1951 and was never awarded the Purple Heart.  In support of his application he submits a copy of the Western Union Telegram sent to his parents notifying them of his casualty status as well as a copy of the unit's report of casualties with his name contained on it.

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri.  However, information contained in reconstructed records show that he was inducted in Buffalo, New York, on 30 October 1950.

5.  On 21 May 1951, the applicant was slightly wounded in action against the enemy in Korea and was admitted to a hospital for treatment.  He was returned to duty after being given 5 days of quarters.  He was advanced to the rank of private first class (PFC) on 30 May 1951.

6.  He was honorably released from active duty at Fort Hood, Texas, on 30 July 1952 and was transferred to the Enlisted Reserve Corps (now known as the United States Army Reserve) to complete his statutory obligation.  He had served 1 year, 9 months and 1 day of total active service and had no lost time.  He was awarded the Korean Service Medal with three bronze service stars and the Combat Infantryman Badge.

7.  In the processing of this case a staff member of the Board researched records at the National Archives in College Park, Maryland, in order to ascertain if orders were published awarding the applicant the Purple Heart for his wound.  No orders were found.

8.  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.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Korean Service Medal (KSM) is a United Nations Service Medal (UNSM) that is awarded for service in Korea or its adjacent territorial waters during the period 27 June 1950 to 27 July 1954.  The service must have been performed while on permanent assignment, or on temporary assignment for 30 consecutive days, or in active combat against the enemy.  The award of the KSM is sufficient to award the UNSM as well.

10.  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.

11.  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 evidence provided by the applicant as well as the evidence of record clearly shows that the applicant was wounded in action against the enemy on 21 May 1951, while serving in the rank of private (PV2).  However, through an administrative oversight, he was never awarded the Purple Heart he was entitled to receive.

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

3.  Additionally, the applicant is authorized to be awarded the UNSM and that award should also be made at this time.

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 received in action against the enemy in Korea on 21 May 1951 and the UNSM.

BOARD VOTE:  

___gw___  __fe ____  ___au___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn _____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088868	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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         1.107.0015	61/PH	
2.107.0085	131/UNSM	
3.		
4.		
5.		
6.