PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            24 February 1999
	DOCKET NUMBER:   AC98-08265
                                              AR1999017150

	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.	Joyce A. Wright		Analyst	

	The following member, a quorum, were present.

	Mr.	Calvin M. Fowler		Chairperson	
	Mr.	Mark D. Manning		Member	
	Ms.	Barbara J. Ellis		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, in effect, that he be awarded the Purple Heart.

3.  The applicant states, in effect, that he was injured when blown out of truck in 1952 while serving in Korea.  He also states that he ran over a land mine in Young Do Poe in which he injured his noise, ears and mouth with blood all over him.  He further states that he was evacuated to a hospital in Pusan and remained hospitalized for about 14 days.

4.  The applicant’s military records were partially destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 
15 March 1950.  He served in Korea from 11 November 1951 to 21 February 1953 and was honorably discharged on 28 March 1953.

5.  The applicant’s DD Form 214 (Report of Separation) does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a result of action with enemy forces) of the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “NONE”.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action. 

6.  The Board notes that the applicant is entitled to the first award of the Good Conduct Medal and the Republic of Korea Presidential Unit Citation which are not shown on his DD Form 214.

7.  There is no indication in the applicant’s personnel records that show he was
awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant was recommended for the first award of the Good Conduct Medal.  

8.  The applicant was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order 51, dated 1957.

9.  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, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-2 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during his service in Korea.  Therefore, he is not entitled to award of the Purple Heart.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 15 March 1950 to 14 March 1953 based on completion of three years
of qualifying service.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant was awarded the Republic of Korea Presidential Unit Citation; therefore he is entitled to the correction of his records to show this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing in item 27 of his DD Form 214 that he was awarded the first award of the Good Conduct Medal for the period 15 March 1950 to 14 March 1953 and 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:  

CMF____  MDM____  BJE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler
		CHAIRPERSON