PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 January 1999                   
	DOCKET NUMBER:   AC98-11729
   AR1999015364

	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. Juanita I. Williams 		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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.

3.  The applicant states that he was wounded in Chorwon, Korea, but did not receive the Purple Heart.

4.  The applicant’s military records were lost or destroyed in the fire that occurred at the Records Center in 1973.  The information herein was gleaned from a copy of the applicant’s separation document and his honorable discharge certificate from the USAR, both of which he forwarded with his application.

5.  His separation document shows he was inducted on 26 January 1951 and was trained and served as a light weapons infantryman.  He served overseas for 1 year, 1 month, and 26 days and was awarded the Combat Infantryman Badge, the Korean Service Medal with two campaign stars, the United Nations Service Medal, and the Army of Occupation Medal (Japan).  Item 29 of his separation document (DD Form 214) shows he was wounded as a result of action with enemy forces in Chorwon, Korea in October 1951.  

6.  He attained the rank of sergeant and was honorably released from active duty and transferred to the Enlisted Reserve Corps on 27 October 1952.  He completed his military service obligation and was honorably discharged from the USAR on 15 November 1956.  

7.  Army Regulation 600-8-22 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  There are no medical records in this case to verify that the applicant was wounded and that the wound required medical treatment, which was made a matter of record.  

2.  Because the applicant’s records were lost or destroyed in the fire at the Records Center, there are no personnel records which may have contained general orders announcing the award of the Purple Heart to the applicant.  

3.  Nonetheless, the applicant’s separation document records that he was wounded as a result of enemy action in Chorworn, Korea, in October 1951.  

4.  The applicant indicates that he never received the Purple Heart for his wounds, and the Purple Heart is not listed on his DD Form 214.  
5.  Based solely upon the information reflected on the applicant’s DD Form 214, the Board is of the opinion that his records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case, particularly the DD Form 214 of the individual concerned, be corrected by showing that he was awarded the Purple Heart for wounds received in action in Chorwon Korea, in October 1951. 

2.  That the Department take appropriate action to ensure that he receives the Purple Heart medal.   

BOARD VOTE:  

_____X__  _____X___  __X_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11729	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990121	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.