PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 December 2002
	DOCKET NUMBER:   AR2002077603

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Conrad V. Meyer		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

3.  The applicant states, in effect, that he sustained shell fragment wounds to both legs on 3 October 1951 in North Korea.  He contends that he actually had the award certificate and medal; however, he has misplaced them.  In support of his application, he submits medical documentation.       

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 
8 January 1951.  He served as an infantryman in Korea and was honorably discharged on 16 January 1954.   

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  However, item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry, “Swa 3 Oct 51” [Seriously Wounded in Action on 3 October 1951].

6.  The available records contain medical documentation, dated 3 October 1951, which shows that the applicant was wounded in action by enemy mortar fire on 
3 October 1951 in Sinchon, North Korea.  He sustained shell fragment wounds to both legs.   

7.  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, and the medical treatment must have been made a matter of official record.

8.  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.

9.  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.  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.

CONCLUSIONS:

1.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  

2.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 shows he was seriously wounded in action on 
3 October 1951.

3.  Medical evidence of record shows the applicant was wounded in action on 
3 October 1951 in Sinchon, North Korea.

4.  Based on the foregoing, the Board determined that the applicant’s DD Form 214 should be corrected to show award of the Purple Heart in item 
27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  

5.  Also, item 29 (Wounds Received as a Result of Action with Enemy Forces) should be amended to show that the applicant was seriously wounded in action at Sinchon, North Korea on 3 October 1951.

6.  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:

	a.  by awarding the Purple Heart to the individual concerned; 

	b.  by adding the entry, “Purple Heart” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and

	c.  by adding the entry, “Sinchon, North Korea” in item 29 on his DD Form 214.  

BOARD VOTE:  

CLA___  TSK_____  CVM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Celia L. Adolphi_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002077603	
SUFFIX		
RECON		
DATE BOARDED	20021210	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.