PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:           2 July 2002                    
	DOCKET NUMBER:   AR2001065927

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Raymond J. Wagner		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 for wounds sustained in Korea.

3.  The applicant states that he was wounded in action in Korea on 23 September 1950, but has never received the Purple Heart.  In support of his request, he submits a copy of his honorable discharge, his DD Form 214, Report of Separation and assorted copies of his Veterans Administration medical records.

4.  The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from documents supplied by the applicant and from other official sources.

5.  The applicant’s DD Form 214 shows that he enlisted in the Regular Army for 3 years on 12 April 1950.  He apparently was trained as an artilleryman and served in Korea (the length of his Korean service is not shown) and was honorably discharged on 22 August 1953 in the grade of private.

6.  His awards include the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal and the Combat Infantryman Badge.  The Purple Heart is not shown as an authorized award.

7.  Item 29 (wounds received as a result of action with enemy forces) of the DD Form 214, contains the entry “NA.”  However, information obtained from hospital admission cards created by The Office of the Surgeon General (OTSG) for the year 1950, shows that the applicant was admitted to a medical treatment facility on 11 September 1950 with wounds to the eye and structures auxillary to the eye resulting from action with the enemy.

8.  Army Regulation 600-8-22, Military Awards, 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 the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

9.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

10.  On 20 August 1999, the Department of Defense approved the acceptance and wear of the Korean War Service Medal (KWSM) to eligible US veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to veterans.  The US Air Force has been designated the lead agency to receive and distribute the medals.

CONCLUSIONS:

1.  Official OTSG information indicates that the applicant was wounded in action, in Korea, therefore, he meets the criteria for award of the Purple Heart.  The OTSG information reflects the date the individual was admitted to a treatment facility and not necessarily the date the individual was wounded in action.  In this case, the applicant says he was wounded on 23 September 1950 but the OTSG report states he was admitted on 11 September 1950.  That he was wounded as a result of hostile action appears to be fact, however, in consideration of the evident disparity of dates, the Board will use the 11 September 1950 date as the date of his wounding in combat.

2.  Based on the applicant’s period of active duty service, he is also entitled to the NDSM and may be entitled to the KWSM.

3.  The KWSM is available to veterans of the Korean War. However, the determination of eligibility and the issuance of the award are handled by the US Air Force.  The applicant should provided a copy of his DD Form 214 (and DD Form 215, if appropriate) together with a request that he be issued the award to the US Air Force Personnel Center, 550 C Street West, Randolph AFB, Texas 78150-4714.

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 showing that the individual concerned was awarded the Purple Heart for wounds sustained in Korea on 11 September 1950, and the NDSM.

BOARD VOTE:  

__kak___  ___aao__  ___rjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Karol A. Kennedy_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001065927	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020702	
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.  107.00		
2.		
3.		
4.		
5.		
6.