PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           28 OCTOBER 2003                   
	DOCKET NUMBER:  AR2003088970

	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. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. N. Troup 		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 did not receive the Purple Heart for shrapnel wounds that he sustained during the Korean War.  The applicant provides a copy of his DD Form 214 (Report of Separation), and copies of morning reports of Company M, 9th Infantry Regiment.

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

5.  The applicant's DD Form 214 show that he was inducted into the Army on      6 August 1952 and that he served with units of the 3d Battalion, 9th Infantry Regiment in Korea during the Korean War.  He was released from active duty in the rank of sergeant on 6 May 1954.  He was awarded the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the National Defense Service Medal, and the Combat Infantryman Badge.  His DD Form 214, which he authenticated by signing, does not show award of the Purple Heart.  Item 29 of that form, "Wounds Received as a Result of Action with Enemy Forces," contains the word, "NONE." 

6.  Entries on morning reports submitted by Company M show that the applicant was absent sick in the hospital on 28 March 1953, returning to duty with his unit on 29 March 1953.  There are no morning report entries indicating that he was wounded in action.

7.  The historical files of Company M, 9th Infantry Regiment were reviewed at the National Archives in College Park, Maryland.  The review failed to show that the applicant was awarded the Purple Heart. 

8.  The applicant's name is not listed on the Korean War casualty roster.

9.  Army Regulation 600-8-22 provides 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.

10.  The Unit Citation and Campaign Participation Credit Register shows that the 9th Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for its actions while the applicant was assigned to that organization.

11.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

12.  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.

13.  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 fails to show that the applicant was wounded in action.  There is insufficient evidence to grant his request for award of the Purple Heart.

2.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal. 

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

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Good Conduct Medal and the Republic of Korea Presidential Unit Citation.

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

BOARD VOTE:  

__RJW  _  __LDS __  __MJNT _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		       Raymond J. Wagner___
		          CHAIRPERSON

INDEX

CASE ID	AR2003088970	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031028	
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.