PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           1 April 2003                  
	DOCKET NUMBER:   AR2002076831

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Thomas E. O'Shaughnessy		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 correction of his records to reflect award of the Bronze Star Medal with “V” device.

3.  The applicant states, in effect, he needs the award for Veterans Administration benefits. 

4.  The applicant’s military records show that were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources.

5.  His DD Form 214 reflects that he entered active duty on 19 September 1950, his branch was infantry, he achieved the rank of sergeant first class and was honorably discharged on 20 September 1953.  The awards reflected are the Korean Defense Service Medal, the Korean Service Medal with 4 Bronze Service Stars, the Combat Infantryman Badge, the Army of Occupation Medal with Japan clasp, and the United Nations Service medal.  It reflects that his most significant assignment was G Company, 169th Infantry, 3rd Division.  Lastly, in block 29 (Wounds received as a result of action with enemy forces) reflects the entry “LWA SFW LT BUTTOCKS 7 OCT 51.”  The Purple Heart and the Bronze Star Medal are not reflected as awards.

6.  A search of the unit records at the National Archives at Suitland, Maryland, failed to reveal any records, which support the applicant's claim for award of the Bronze Star Medal with “V” device.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

8.  The same regulation provides that the “V” device is worn to denote participation in acts of heroism involving conflict with an armed enemy.

9.  Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.  

10.  The same regulation provides for the award of the National Defense Service Medal for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to an undetermined date.

11.  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.  The Department of Defense assigned the Department of the Air Force the responsibility for distribution of the Korean War Service Medal to eligible veterans of all services.  In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal.  When the Korean War Service Medal is 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 unit award to his DD Form 214.

CONCLUSIONS:

1.  The applicant provided no information or evidence to support his request.  There is no information in the limited military records available to indicate an entitlement to award of the Bronze Star Meal with V device.

2.  The evidence provided by the entry on his DD Form 214 indicates the applicant’s entitlement to award of the Purple Heart by virtue of the wounds he suffered in Korea on 7 October 1951.

3.  In reviewing his case, it is noted that he is also entitled to the National Defense Service Medal.

4.  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 provided to the applicant.  Once the Department of the Air Force has authorized the Korean War Service Medal, 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:

1.  That all of the Department of the Army records be corrected by awarding the individual concerned the Purple Heart for wounds received in Korea on 7 October 1951 and the National Defense Service Medal.

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

BOARD VOTE:  

____teo__  ____tbr__  ___aao__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Arthur A. Omartian_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002076831	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030401	
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.		
2.		
3.		
4.		
5.		
6.