PROCEEDINGS

	BOARD DATE:                13 May 1999   
	DOCKET NUMBER:         AR1998013319

	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. Wyman N.  Bailey		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Samuel Calderon		Member	
	Mr. Kenneth L. Wright		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 quests that the Purple Heart be added to the separation document (DD Form 214) issued to him on 19 February 1954.  In support of his request he submits a copy of his DD Form 214 showing in block 29 (Wounds Received as a Result of Action With Enemy Forces (Place and Date, if known) that he received a gun shot wound on 21 February 1953.    

3.  The applicant states that since his DD Form 214 show that he was wounded while serving in Korea the Purple Heart should be added to the DD Form 214.   

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.   

5.  He served in Korea for 8 months and 2  days and was assigned to the 155th Infantry and was honorably discharged on 19 February 1954.   

6.  The applicant’s DD Form 214 issued to him on 19 February 1954 shows he was awarded the Combat Infantryman Badge, the Korean Service Medal (with 2 bronze service stars), the United Nations Service Medal, National Defense Service Medal, and the Parachute Badge.  The DD Form 214 also shows in block 29 that he received a gun shot wound on 21February 1953.   

7. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  Since it was required that an entry be made in block 29 of the DD Form 214, showing any wounds received as a result of action with an enemy forces and the applicant’s DD Form 214 shows he was wounded on 21 February 1953.  The Board concurs with the applicant contention that he is entitled to have the Purple Heart on his DD Form 214 issued to him on 19 February 1954.   

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 showing that the individual concerned was awarded the Purple Heart on 21 February 1953 the date that he received his wounds and that the award of the Purple Heart be included on the DD Form 214 issued to him on 19 February 1954, by use of the DD Form 215.    

BOARD VOTE:  

_SC__  __KLW___  _RVO___     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998013319	
SUFFIX		
RECON		
DATE BOARDED	19990513	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.		

S:  18 Aug 99

SFMR-RBR - 1st End (13 May 99, Docket Number AR1998013319)
SUBJECT:  ABCMR Proceedings

HQDA, OASA, Arlington, Virginia  22202-4508                                  14 Jun 99

THRU:  Commander, Total Army Personnel Command, ATTN:  TAPC-MSE-A
                 200 Stovall Street, Alexandria, Virginia  22332-0400

TO:  US Army Review Boards Agency Support Division - St. Louis
        ATTN:  SFMR-RBR-SL, 9700 Page Avenue, St. Louis, Missouri 63132-5200

1.  Under the authority of Title 10, United States Code, section 1552, the recommendation of the Army Board for Correction of Military Records is hereby approved, and it is directed that all of the Department of the Army records of the individual concerned be corrected as shown under Recommendation in the Proceedings of the Board in this case.

2.  Request necessary administrative action be taken to effect the correction of records as indicated no later than 18 August 1999.  Further, request that the individual concerned and counsel, if any, as well as any members of Congress who have shown interest be advised of the correction and that the Board for Correction of Military Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:

Karl F. Schneider
Deputy Assistant Secretary
(Army Review Boards)

Encls 

CF:
Applicant
(   ) OMPF
(   ) SFMR/pmp
(   ) DFAS
(   ) Bailey