PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            23 December 1998
	DOCKET NUMBER:   AC98-12112

	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.	Deyon D. Battle		Analyst	

	The following members, a quorum, were present:

	Mr.	Raymond V. O’Connor, Jr.		Chairperson	
	Ms.	Karol A. Kennedy		Member	
	Mr.	Lester Echols		Member	

The applicant and counsel if any, did not appear before the Board.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 that his Report of Separation (DD Form 214) be corrected to show that he was awarded the Purple Heart (PH).

3.  The applicant states that he was awarded the PH, however, it was never entered on his DD Form 214.

4.  The applicant’s military records show that on 1 April 1948, he enlisted in the Army for 3 years.

5.  His awards for this period of service include the Army Occupational Medal w/Japan Clasp and the Korean Service Medal.

6.  A review of the available record reveals that on 20 November 1950, the applicant was in Korea when he received a shrapnel wound to the back of his neck from a missile explosion.  The records further reveals that he was hospitalized for 5 days as a result of his injury.

7.  On 6 April 1951, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 contains no indication that he was awarded the PH.

8.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a direct 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.  The evidence clearly supports the applicant’s contention that he was eligible for award of the PH for the wound that he received on 20 November 1950 while he was in Korea.

2.  Although the available records show no indication that he was awarded the PH, there is sufficient evidence to support his claim that he in fact was awarded the medal.  Therefore, it appears that through an administrative error, the award was erroneously omitted from his DD Form 214.

3.  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 showing that the individual concerned was awarded the Purple Heart.

BOARD VOTE:  

__kak ___  ___ro ___  ___le ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON