PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            10 June 1999                  
	DOCKET NUMBER:   AR1998013390

	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. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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 award of the Purple Heart.  He states he received a concussion wound while in Korea as a result of an exploding enemy shell.  In support of his request he submits an original extract from his service medical records.

3.  Records available to the Board indicate the applicant entered active duty on 
5 September 1951 and served approximately 18 months in Korea where he was awarded a Combat Infantryman Badge.

4.  According to a January 1953 original medical document, the applicant sustained partial deafness as a result of a “shell concussion in August” 1953.

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of enemy action.  A physical lesion is not required.  Specific examples of enemy-related injuries, which clearly justify award of the Purple Heart, include concussion injuries caused as a result of enemy generated explosions.

6.  The applicant was honorably discharged from active duty on 5 August 1953 and transferred to the Army Reserve.  His DD Form 214 does not reflect entitlement to the Purple Heart and item 29 (wounds) reflect “NONE.”

CONCLUSIONS:

1.  The evidence clearly indicates the applicant sustained a partial hearing loss as a result of shell concussion in August 1953 while in Korea and as such meets the requirements for award of the Purple Heart.

2.  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 individual concerned the Purple Heart for injuries sustained as a result of hostile action in August 1953 during the Korean War; and

b.  by showing in item 29 on his DD Form 214 that he sustained a “concussion injury” in August 1953.

BOARD VOTE:  

__sac___  __slp___  __eja___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998013390	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990610	
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. 107.00		
2.		
3.		
4.		
5.		
6.