PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            4 March 1999                  
	DOCKET NUMBER:   AR1998014377

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Raymond J. Wagner		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, the widow of a former service member (FSM), requests that the FSM’s records be corrected to show award of the Purple Heart.

3.  The applicant states she has seen the Purple Heart; however, it is not shown on the FSM’s Report of Separation.

4.  The FSM’s military records show that he was inducted on 19 September 1950.  He served in Korea and the Armed Forces Far East from 10 April 1951 to 4 April 1952.  He was honorably separated on 15 July 1952 for the purpose of reenlisting.

5.  There is no evidence in the FSM’s personnel records which shows he was entitled to or awarded the Purple Heart.  A WD AGO Form 8-26 (Medical Treatment Record) indicates he was treated for burns to his hands and wrists.  There is no indication that these injuries were the result of hostile action.

6.  The FSM’s DD Form 214 (Report of Separation from the Armed Forces of the United States), indicates he was awarded the Combat Infantryman Badge and the Korean Service Medal.  The DD Form’s  214 for his following period’s of service show award of the National Defense Service Medal and the United Nations Service Medal.

7.  The Board notes the FSM was entitled to award of the Republic of Korea Presidential Unit Citation.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the FSM was assigned to a unit which was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order Number 
50-71.

8.  A Standard Form 88 (Report of Medical Examination), dated 10 July 1952, indicated no significant medical history and further indicated the FSM was qualified for separation and reenlistment. 

9.  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.

CONCLUSIONS:

1.  There is no evidence which shows the FSM was entitled to or awarded the Purple Heart.  There also is no evidence the FSM was wounded or injured as a result of hostile action. Therefore, he is not entitled to award of the Purple Heart.

2.  Evidence shows the FSM’s entitlement to award of the Republic of Korea Presidential Unit Citation.

3.  In view of the foregoing, the FSM’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the FSM was awarded award of the Republic of Korea Presidential Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

CWB____  EB______  RJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Curtis W. Barbee______
		CHAIRPERSON

INDEX

CASE ID	AR1998014377	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990304	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19520715	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON	Reenlistment	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.107	PH	
2.		
3.		
4.		
5.		
6.