RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            DECEMBER 18, 2003                  
	DOCKET NUMBER:   AR2003091198

	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. Raymond V. O’Connor		Chairperson	
	Ms. Yolanda M. Maldonado		Member	
	Mr. James E. Anderholm		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests reconsideration of his request that his records be corrected to reflect his awards of the Silver Star, the Purple Heart and any other awards to which he is entitled to receive.

2.  The applicant states that the Silver Star and Purple Heart were awarded after his discharge and were not included on his report of separation (DD Form 214).

3.  The applicant provides a copy of his Silver Star Certificate, his DD Form 214 and a copy of a newspaper article indicating his award of the Silver Star and the circumstances surrounding his being wounded in combat.

CONSIDERATION OF EVIDENCE: 

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC96-08987 on 9 October 1996.

2.  The Board previously approved the addition of the Silver Star to his records and a DD Form 215 was published reflecting that award; therefore, that portion of his request will not be discussed further.

3.  The Board, at the time it considered his previous request, had no evidence to support his contention that he was wounded in combat and was awarded the Purple Heart.  Accordingly, the Board denied that portion of his request.  However, the newspaper article submitted by the applicant clearly indicates that the applicant was wounded in the neck during the same action for which he was awarded the Silver Star.  This information is also corroborated by the presence of the applicant's name on the Korean War Casualty Listing.

4.  The available records show that he served 1 year, 9 months and 2 days of total active service and that he had no lost time.  He was assigned to Company C, 2nd Engineer Battalion while assigned to Korea. 

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury 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.

6.  That regulation also established the criteria for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

7.  Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register-Korean Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Korean Conflict.  

8.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that Department of the Army General Order (DAGO) 10-54, awarded the Republic of Korea Presidential Unit Citation (ROKPUC) to the 2nd Engineer Battalion for the period of 16 September 1950 through 26 October 1953.  

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.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  Although the Board has already directed that the applicant's Silver Star be added to his DD Form 214, it appears that the applicant did not receive a copy of his DD Form 215.  Accordingly, it would be in the interest to provide him a copy of that document.

2.  The evidence presented by the applicant with his current application, along with the confirmation of his name on the Korean War Casualty Listing is sufficient to support his contention that he was in fact awarded the Purple Heart.  Therefore, it would be in the interest of justice to add that award to his records at this time as well.

3.  After carefully examining the available records, the evidence suggests that the applicant should have received the AGCM for his service from 29 February 1952 through 30 November 1953.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

5.  Although awarded subsequent to the applicant's separation, the applicant's unit was awarded the ROKPUC.  Accordingly, he is entitled to receive that award as well.

BOARD VOTE:

jea_____  ym_____  rvo_____     GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AC96-08987, dated 9 October 1996.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a.  by awarding him the AGCM for the period of 29 February 1952 through 30 November 1953.

b.  by awarding him the ROKPUC; and

c.  by adding his Purple Heart, the AGCM, and the ROKPUC to his        DD Form 214 and providing the applicant a copy of all changes to his DD Form 214 to date.

		__Raymond V. O’Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2003091198	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031218	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  110.0000	189/CORR 214	
2.  107.0015	61/PH	
3.  107.0056	102/AGCM	
4.  107.0092	138/ROKPUC	
5.		
6.