PROCEEDINGS

	IN THE CASE OF:        .

	BOARD DATE:            12 August 2003                  
	DOCKET NUMBER:    AR2003089042

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine 		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 his record be corrected to include all awards to which he is entitled.  

3.  The applicant states, in effect, he served in combat in Korea and was wounded in action.  He now requests that he be provided all awards to which he is entitled.  In support of his application he provides a copy of his separation document (DD Form 214) and a clinical treatment record.  

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

5.  The available evidence does include a copy of his last DD Form 214 that was issued to him upon his release from active duty (REFRAD) on 5 July 1952, by reason of physical disability.  This document confirms that he completed 
1 year, 8 months, and 21 days of creditable active military service during this enlistment, and that he held the rank of private/E-2 (PV2) and was serving in military occupational specialty (MOS) 5103 (Laundryman) on the date of his separation. 

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s 5 July 1952 DD Form 214 contains the entry “Gunshot wound, left knee, Korea, 9 January 1952.”  It also shows that he served overseas for 
3 months and 26 days, and that he earned the Korean Service Medal and United Nations Service Medal.  

7.  The applicant provides a copy of an Abbreviated Clinical Record 
(WD AGO Form 8-34), dated 12 January 1951, which contains an entry indicating that he was wounded in action in the left leg above the knee.  

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.  In order to support the award of the PH, the wound for which it 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.  Paragraph 2-10 of the awards regulation provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954.

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 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 request that all awards to which he is entitled be added to his record.  Based on a complete and through review of the available evidence, the Board finds there is sufficient evidence to verify that the applicant is entitled to two additional awards that are not currently listed on his separation document.  

2.  The evidence includes an entry in Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s 5 July 1952 DD Form 214 that confirms he received a wound to the left knee on 9 January 1952, while serving in Korea.  This entry is corroborated by a WD AGO Form 8-34 clinical record entry that verifies that he was wounded in action.  Thus, the Board concludes that regulatory criteria necessary to support award of the Purple Heart has been satisfied in this case, and it concludes that it would be appropriate to award the applicant the Purple Heart at this time.  

3.  The awards regulation provides for award of the National Defense Service Medal for a period of honorable active service performed during the period between 27 July 1950 and 27 July 1954.  Thus, based on his qualifying service during this period, the Board also finds the applicant is entitled to this award.  

4.  The applicant is further 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.

5.  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 applicant the Purple Heart and National Defense Service Medal; and by issuing his a corrected separation document that includes these awards.  

BOARD VOTE:  

_TK__  _WDP___  __FCJ__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ted S. Kanamine
		 CHAIRPERSON

INDEX

CASE ID	AR2003089042	
SUFFIX		
RECON		
DATE BOARDED	2003/.08/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1952/07/03	
DISCHARGE AUTHORITY	AR 600-450 	
DISCHARGE REASON	Physical Disability	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.