PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 June 2003                   
	DOCKET NUMBER:   AR2002078780

	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. Joann Langston 		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Paul M. Smith		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, in effect, award of the Purple Heart.

3.  The applicant states, in effect, that he injured his head, neck, eye, ear and shoulder in a truck wreck while running a roadblock in a hostile area in Korea.  In support of his application, he submits a letter, dated 6 March 2002, from the National Personnel Records Center; a letter, dated 20 March 2002, from the Office of the Chief of Staff; and a letter, dated 2 January 2002, from the applicant to the Department of Defense.

4.  The applicant’s military records have been lost or destroyed.  This case is being considered using reconstructed records.  The applicant's reconstructed records consist primarily of the DD Form 214 (Report of Separation from the Armed Forces of the United States), copies of Morning Reports of the 34th Infantry Regiment and the 21st Infantry Regiment, limited service records and Department of the Veterans Administration medical records.

5.  The applicant's reconstructed records show that he enlisted on 7 October 1949, served as an infantryman in Korea and was honorably discharged on 
2 February 1951.

6.  The applicant's DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry, “NONE."

7.  There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Korea.

8.  The applicant's name does not appear on the Korean War Casualty Roster.

9.  No service medical records are available. 

10.  The historical files of the 34th Infantry Regiment, 24th Infantry Division located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart.   

11.  The applicant's inclusive dates of service in Korea are not available to the Board.  However, the available records contain Morning Reports which show the applicant was assigned to the 34th Infantry Regiment in Korea during the period 8 July 1950 to 15 August 1950.  

12.  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.

13.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 
27 July 1954.

14.  Army Regulation 600-8-22 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.

15.  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.

16.  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 Board considered the applicant's contention that he injured his head, neck, eye, ear and shoulder in a truck wreck while running a roadblock in a hostile area in Korea.

2.  There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action in Korea.

3.  The applicant signed his DD Form 214 on 2 February 1951 attesting to the fact that he was not wounded as a result of action with enemy forces and that he was not entitled to award of the Purple Heart.

4.  Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

5.  The applicant's DD Form 214 does not show the Korean Service Medal or the United Nations Service Medal as authorized awards and his inclusive dates of service in Korea are not available to the Board.  However, evidence of record shows the applicant was assigned to the 34th Infantry Regiment in Korea during the period 8 July 1950 to 15 August 1950.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Korean Service Medal and the United Nations Service Medal.
  
6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Korean Service Medal and the United Nations Service Medal.

2.  That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:  

jl______  jlp______  pms_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Joann Langston______
		        CHAIRPERSON

INDEX

CASE ID	AR2002078780	
SUFFIX		
RECON		
DATE BOARDED	20030603	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.