PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 February 2003
	DOCKET NUMBER:   AR2002080144

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lawrence Foster		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, that he be awarded the Purple Heart (PH).    

3.  The applicant states, in effect, that he should have been awarded the PH for being wounded in action while serving in combat during the Korean War.  He states that correcting the record to show the PH to which he is entitled will assist him with his Veterans Administration (VA) co-payments for medical treatment he now receives.  In support of his application, he submits a copy of his Report Of Medical Examination (SF Form 88), dated 3 December 1954.  

4.  The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of his separation document DD Form 214 and other documents made available to the Board.  

5.  The applicant’s DD Form 214 shows he entered the Army on 3 August 1951, and that he continuously served on active duty until being honorably discharged on 6 December 1954.  It also shows that he served overseas for 10 months and 16 days, and that he held the rank of private/E-1 on the date of his separation.  Although the PH is not included in the list of awards contained in Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, Item 29 (Wounds Received as a Result of Action with Enemy Forces) does confirm that he was wounded in action when he received a shrapnel wound to the neck on
31 October 1952.  

6.  The Report of Medical Examination (SF 88) completed on the applicant during his separation processing 3 December 1954, confirms that in October 1952, he was treated for a shrapnel wound at the 37th Infantry Dispensary in Korea. 

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained in action.  The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded 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.  performing extra duty the applicant

CONCLUSIONS:

1.   The Board notes the applicant’s contention that he should be awarded the PH for wounds received while serving in combat during the Korean War, and it finds this claim has merit. 

2.  By law, in order to award the PH there must be evidence to show that a soldier was wounded in action, that the wound for which a PH is being awarded required treatment, and that this record of medical treatment was made a matter of official record.  

3.  The applicant’s DD Form 214 confirms that he was wounded in action in Korea on 31 October 1952.  His separation physical examination record (SF 88) confirms that in October 1952, he was treated for a shrapnel wound at a military medical facility in Korea.  Therefore, the Board concludes that this available evidence sufficiently satisfies the regulatory criteria necessary to award the PH, and that it would be appropriate to correct the applicant’s record to reflect this award at this time. 

4.  The applicant is advised that 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 from 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.  

5.  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 awarding the individual concerned the Purple Heart, for being wounded in action, while serving in Korea on 31 October 1952; and by providing him a corrected separation document that includes this award.

BOARD VOTE:  

__RJW__  __WDP _  __LMB___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner__
		        CHAIRPERSON

INDEX

CASE ID	AR2002080144	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/02/25	
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.	107.0015	
2.		
3.		
4.		
5.		
6.