PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 July 2003
	DOCKET NUMBER:   AR2002078034

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Larry C. Bergquist		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 his records be corrected to show that he was awarded the Purple Heart (PH).

3.  The applicant states that he was severely wounded in Korea in 1951.  In support of his request, he provides:  a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); a copy of a rating decision from the Department of Veterans Affairs (VA), dated 25 November 1998, outlining the numerous shell fragment wounds he received; a copy of DA Form 199 (Proceedings of Physical Evaluation Board); a copy of WD AGO Form 8-118 (Medical Board Proceedings); and a copy of SF-88 (Report of Medical Examination).

4.  The applicant’s military records show that he enlisted in the Regular Army on 28 August 1950.  Trained in military occupational specialty (MOS) 4745 (Automatic Rifleman), he was transferred to the Far East, arriving in Korea on 8 March 1951 at which time he was assigned to Company I, 7th Cavalry Regiment, 1st Cavalry Division.  

5.  On 7 August 1951 near Sinchon, North Korea, the applicant was seriously wounded by enemy grenades.  He was medically evacuated first to Japan, then to the United States where he underwent treatment for shell fragment wounds to his chest, neck and face.

6.  On 5 June 1952, a Medical Evaluation Board (MEB) was convened to evaluate the applicant’s fitness for duty.  On 13 June 1952, the MEB found the applicant unfit for duty and referred him to a Physical Evaluation Board (PEB).

7.  On 13 June 1952, a PEB found the applicant unfit with a 70 percent disability rating and recommended that he retired by reason of physical disability.  Therefore, on 31 August 1952, he was retired on permanent disability with an honorable discharge.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) lists his awards and decorations as the Combat Infantryman Badge, Korean Service Medal with two bronze service stars and the United Nations Service Medal.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

9.  AR 600-8-22 provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10.  AR 600-8-22 provides for award of the National Defense Service Medal (NDSM) for honorable active service for any period between 27 June 1950 and 27 July 1954.

11.  Army Regulation 600-8-22 sets forth requirements for award of the basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badge is in three classes:  Expert, Sharpshooter, and Marksman.  The applicant's records show that he qualified as an expert with the M-1 Carbine.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean War.  This document shows the unit to which the applicant was assigned was cited for award of the Bravery Gold Medal of Greece by Department of the Army General Order 2, dated 1956.

13.  As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic 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.

14.  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 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.  There is clear, convincing evidence in the record to show that the applicant was seriously wounded in Korea on 7 August 1951.  His wounds required medical evacuation and lengthy hospitalization.  Ultimately, he was retired with a 70 percent permanent disability rating.  He is entitled to have his records corrected to reflect the Purple Heart.

2.  The applicant's records show that he is also entitled to award of the Good Conduct Medal for the period 28 August 1950 to 31 August 1952, the National Defense Service Medal, the Expert Marksmanship Badge (Carbine), and the Bravery Gold Medal of Greece.

3.  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 issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) showing that he was awarded the PH, the GCMDL for the period 28 August 1950 to 31 August 1952, the NDSM, the Expert Marksmanship Badge (Carbine), and the Bravery Gold Medal of Greece.

BOARD VOTE:  

__rwa___  __bje___  __lcb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Roger W. Able
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002078034	
SUFFIX		
RECON		
DATE BOARDED	20030710	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.	107.0069	
4.	107.0108	
5.		
6.