PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:         22 October 1998      
	DOCKET NUMBER:   AC98-05388

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Fred K. McCoy		Member	
	Ms. Shirley L. Powell		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 that his brother, a deceased former service member be awarded the Purple Heart.  He states, in effect, that his brother was listed as missing in action on 1 December 1950 and subsequently, in 1956, his status was changed to presumed dead.

3.  Information available to the Board indicates the former service member entered active duty on 25 February 1949 and was officially reported as missing in action as of 1 December 1950.  The Korean Casualty File confirms the report and notes he was located in North Korea at the time he was reported as missing.

4.  The former service member’s status was changed from missing in action to presumed dead effective 31 December 1953.  The final casualty report states his death was “in the line of duty” and that he was in a “duty status” at the time.

CONCLUSIONS:

1.  While there is no specific evidence which confirms the former service member was killed as a result of hostile action the fact that he was listed as missing in action from a duty status and subsequently presumed to have died in the line of duty is sufficient to justify 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 by awarding the individual concerned the Purple Heart.

BOARD VOTE:  

__JH____  __FKM__  __SLP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON