PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 July 2003                   
	DOCKET NUMBER:   AR2002083107

	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. Margaret K. Patterson 		Chairperson	
	Mr. Walter T. Morrison		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, as the widow of a deceased former service member (FSM), requests correction of her late husband's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his rank as master sergeant instead of sergeant.  She also requests, in effect, that her late husband's DD Form 214 be corrected to show three awards of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster); two awards of the Bronze Star Medal, one award for valor (correctly known as the Bronze Star Medal with First Oak Leaf Cluster with "V" Device); the Korean Service Medal with four bronze service stars; the Distinguished Unit Citation; the Army Good Conduct Medal and the National Defense Service Medal.   

3.  The applicant states, in effect, that her late husband's uniform shows his rank as master sergeant.  She also states that his wall display of awards and decorations shows the aforementioned awards which are not listed on his DD Form 214.  She points out that the FSM's memoir titled, "Dedication of the Korean Veterans' Memorial, July 1995, Reflections in a Note to my Sons," states that he received a Purple Heart in May 1951 when his face was smashed and his thigh was pierced by a Chinese bayonet in a firefight.  The FSM's memoir states that he received his second Purple Heart in the middle of May 1951 when he was hit by Chinese mortar fire and much of his body was paralyzed.  His memoir also states that his back was broken in two places, that there was shrapnel in his legs and that he was flown to Japan for medical treatment.  The FSM's memoir further states that his third Purple Heart wound occurred on 20 November 1952 when enemy mortar fire "caught" him and his right leg and ankle were badly damaged and he sustained shrapnel in both legs.  

4.  In a letter to the National Personnel Records Center in St. Louis, Missouri, dated 20 August 2001, the applicant indicates that the FSM has a citation for the Bronze Star Medal for actions on 13 April 1952 which states that he was wounded during that action.  She also states in this letter that "One of his Purple Heart medals was awarded belatedly last year through the efforts of US Senator [Senator's name]."  However, the applicant did not provide this documentation for consideration.  In support of her application, she submits a copy of the FSM's death certificate; a letter, dated 3 August 2002, with nine enclosures which are outlined on an attachment. 

5.  The FSM’s military records have been lost or destroyed.  This case is being considered using reconstructed records.  The FSM's reconstructed records consist primarily of the DD Form 214, limited medical records and discharge orders.

6.  The FSM's reconstructed records show he was inducted on 20 November 1950.  He served as an infantryman in Korea and was honorably discharged on 31 December 1952 after completing 2 years, 1 month and 11 days of creditable active service with no time lost.  Item 28 (Most Significant Duty Assignment) on the FSM's DD Form 214 shows he was assigned to Company K, 27th Infantry Regiment.
  
7.  Item 3 (Grade, Rate, Rank and Date of Appointment) on the FSM's DD Form 214, shows the entry, "SGT(T) 21 Jul 52" [sergeant (tech) 21 July 1952].

8.  The FSM's DD Form 214, which was authenticated in his own hand, shows the Parachutist Badge, the Korean Service Medal with three bronze service stars, one Overseas Service Bar, the Purple Heart, the Combat Infantryman Badge, the United Nations Service Medal and the Army of Occupation Medal with Japan Clasp as authorized awards.    

9.  In support of her claim to correct the FSM's DD Form 214 to reflect master sergeant, the applicant provided photographs of a uniform jacket which displays a first sergeant/E-8 insignia, or at the time of the FSM's separation, a master sergeant/grade 7 insignia. 

10.  There is no evidence in the available records which shows the FSM was promoted to master sergeant prior to his discharge on 31 December 1952.   His discharge orders, dated 30 December 1952, also show he was a sergeant.

11.  The FSM's DD Form 214 shows he was awarded the Purple Heart for wounds received in action on 4 May 1952.  

12.  There is no evidence in the available records which shows the FSM was wounded two more times as a result of hostile action in Korea.

13.  The Office of the Surgeon General Hospital List shows the FSM was hospitalized on 1 September 1951 in Japan for a fracture to his spine and trunk which occurred during scheduled parachute training.  

14.  The FSM's name does not appear on the Korean War Casualty Roster.

15.  There are no orders for the Bronze Star Medal or the Bronze Star Medal with "V" Device in the available records.

16.  The FSM's DD Form 214 shows he received the Korean Service Medal with three bronze service stars.  His inclusive dates of service are not contained in the available records.

17.  There is no evidence the FSM received the first award of the Good Conduct Medal.  There also is no evidence the FSM was disqualified by his chain of command from receiving the Good Conduct Medal.  

18.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean conflict.  This document shows the unit to which the FSM was assigned was not cited for award of the Distinguished Unit Citation during his period of service.
 
19.  Department of the Army Pamphlet 672-1 shows the unit to which the FSM was assigned was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 19 September 1950 to 31 July 1953 by Department of the Army General Orders Number 41-55.  This unit citation is not shown on the FSM's DD Form 214.

20.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

21.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

22.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

23.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  

24.  Army Regulation 600-8-22 provides that the Good Conduct Medal 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.  
25.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded 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 a date to be determined.

26.  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.

27.  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 request to correct the FSM's DD Form 214 to show his rank as master sergeant instead of sergeant.  The Board also reviewed the uniform jacket photographs provided by the applicant.  However, in the absence of promotion orders to master sergeant, the Board presumes that the FSM may have been serving as an "acting" master sergeant.  There is no evidence of record which shows the FSM was promoted to master sergeant prior to his discharge on 31 December 1952.  Therefore, there is no basis for granting the applicant's request.     

2.  The Board notes that the FSM's memoir indicates that he received two awards of the Purple Heart in May 1951 and that he was entitled to a third award of the Purple Heart for wounds received in action on 20 November 1952 in Korea.  However, the FSM's DD Form 214, which was authenticated in his own hand, shows he was awarded the Purple Heart only for wounds received in action on 4 May 1952 in Korea.  

3.  The Board also notes that the FSM's memoir indicates that he received his second Purple Heart in the middle of May 1951 when he was hit by Chinese mortar fire and much of his body was paralyzed, that his back was broken in two places, that there was shrapnel in his legs and that he was flown to Japan for medical treatment.  However, medical evidence of record shows the FSM was hospitalized on 1 September 1951 in Japan for a fracture to his spine and trunk which occurred during scheduled parachute training.  

4.  There is no evidence of record which shows the FSM was wounded two more times as a result of hostile action in Korea.  Therefore, the Board determined that there is insufficient evidence on which to base to additional awards of the Purple Heart in this case.

5.  There is no evidence of record, and the applicant has provided no evidence, which shows the FSM was awarded two awards of the Bronze Star Medal, one award for valor.  Therefore, the Board determined that there was insufficient evidence on which to base award of the Bronze Star Medal with First Oak Leaf Cluster with "V" Device in this case.

6.  The Board considered the applicant's contention that the FSM is entitled to four bronze service stars to be affixed to the Korean Service Medal instead of three bronze service stars as reflected on his DD Form 214.  However, the FSM's inclusive dates of service in Korea are not contained in the available records.  Therefore, the Board is unable to determine how many campaigns he participated in during his assignment in Korea. 

7.  Department of the Army Pamphlet 672-1 shows the FSM's unit was not cited for award of the Distinguished Unit Citation while he was in the Army.  Therefore, the FSM is not entitled to correction of his DD Form 214 to show this unit citation.

8.  Department of the Army Pamphlet 672-1 shows the FSM's unit was cited for award of the Republic of Korea Presidential Unit Citation while he was assigned to it.  Therefore, the FSM is entitled to correction of his DD Form 214 to show this unit citation.

9.  Based on the FSM's honorable service, he is entitled to award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

10.  The Board notes the FSM reached the rank of sergeant in less than 2 years of service.  Therefore, the Board concludes the FSM met the eligibility criteria for award of the Good Conduct Medal for the period 20 November 1950 through 
31 December 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the FSM is entitled to correction of his DD Form 214 to show this award.

11.  In view of the foregoing findings and conclusions, it would be appropriate to correct the FSM’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 FSM was awarded the first award of the Good Conduct Medal for the period of 20 November 1950 to 31 December 1952.

2.  That the FSM's DD Form 214 be corrected to add the Good Conduct Medal, the National Defense Service Medal and the Republic of Korea Presidential Unit Citation. 

3.  That so much of the application as pertains to correction of his DD Form 214 to show his rank as master sergeant, two additional awards of the Purple Heart, the Bronze Star Medal with First Oak Leaf Cluster with "V" Device, one additional award of the bronze service star to be affixed to the Korean Service Medal, and the Distinguished Unit Citation be denied.

BOARD VOTE:  

MKP___  WTM____  TEO_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Margaret K. Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR2002083107	
SUFFIX		
RECON		
DATE BOARDED	20030729	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.0000	
2.	107.0000	
3.		
4.		
5.		
6.