RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            05 FEBRUARY 2004                  
	DOCKET NUMBER:   AR2003091451

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Karen A. Heinz		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 award of a second Purple Heart.

2.  The applicant states, in effect, that he should have received a Purple Heart for wounds sustained on 15 March 1951.

3.  The applicant provides a Western Union Telegram in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 
29 November 1952.  The application submitted in this case is dated 20 May 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are 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 or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

4.  The applicant entered active duty on 29 November 1949 and served overseas for almost 12 months.  His separation document notes that he was wounded on 24 July 1950 and awarded the Purple Heart.

5.  According to the 29 March 1951 Western Union Telegram, the applicant was “slightly injured in action in Korea” on 15 March 1951.  The telegram indicated that the applicant had been returned to duty after being wounded on 24 August 1950.

6.  Files maintained by the Office of The Surgeon General, commonly referred to as the SGO Files, confirmed that the applicant was wounded on 24 July 1950, not 24 August 1950, and that he was also treated by military physicians on 
15 March 1951.  The 15 March injury, however, was recorded as a “non-battle” injury.  

7.  The applicant’s name is listed twice on a list of individuals reported as combat casualties during the Korean War; once for the 24 July 1950 wound and again for the 15 March 1951 wound.

8.  The applicant was released from active duty on 29 November 1952.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the National Defense Service Medal for honorable active service for any period between 27 June 1950 and 27 July 1954.  

10.  Army Regulation 600-8-22 also provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.  

11.  The applicant’s separation document does not reflect entitlement to either the National Defense Service Medal or the United Nations Service Medal.

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 United States veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to the veterans.  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 (Department of Defense 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 separation document.

DISCUSSION AND CONCLUSIONS:

1.  In spite of the fact that SGO file indicates the applicant’s 15 March 1951 wound was recorded as a non-battle casualty, there is sufficient other evidence which confirms that the applicant was wounded in action on 15 March.  In the interest of justice and equity he should be awarded a Purple Heart for that wound.

2.  The evidence also shows that the applicant is entitled to the United Nations Service Medal and the National Defense Service Medal, which were omitted from his separation document.

BOARD VOTE:

__FNE __  __JPI ___  __KAH__  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Purple Heart for wounds sustained on 15 March 1951; and

b.  showing that he is entitled to the National Defense Service Medal and the United Nations Service Medal.

		____Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2003091451	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040205	
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.