PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                28 July 1999
	DOCKET NUMBER:        AR1999016487

	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 members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Margaret V. Thompson		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, as the spouse of the deceased former service member (FSM),
requests, in effect, that the FSM’s DD Form 214 ((Report of Separation from the Armed Forces of the United States) be corrected to show that he was awarded the Purple Heart.

3.  The applicant states, that the FSM’s DD Form 214 does not show the award of the Purple Heart.  In support of the FSM’s application his widow submits a copy of the FSM’s DD Form 214, copy of his DA Form 1577 (Authorization for Issuance of Awards) and a copy of his death certificate.

4.  The FSM’s military records were lost or destroyed in the National Personnel
Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the FSM enlisted on 28 June 1948.  The FSM served in Korea and was honorably discharged on 30 September 1951.

5.  The FSM’s DD Form 214 shows he was awarded the Combat Infantryman Badge, the Army of Occupation Medal for Japan and the Korean Service Medal.

6.  His discharge document does not show the Purple Heart as an authorized award, but does show in item 29 (Wounds Received as a Result of Action with Enemy Forces) that the FSM was wounded in Korea on 3 December 1950.

7.  The Board notes that the applicant is entitled to the first award of the Good Conduct Medal, which is not shown on his discharge document.

8.  There is no indication in the applicant’s personnel records that shows he was awarded the Good Conduct Medal.  There also is no evidence of derogatory information contained in the available records.

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 600-8-22 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.  Evidence of record shows that the FSM was awarded the Purple Heart for wounds received on 3 December 1950.  Therefore, the FSM is entitled to correction of his military records to show this award.

2.  The FSM is entitled to the first award of the Good Conduct Medal for the period 28 June 1948 to 27 June 1951 based on completion of three years of
qualifying service.  Therefore, he is entitled to correction of his records to show this award.

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 in item 27 (Decorations and Awards) of the FSM’s DD Form 214 that he was awarded the Purple Heart and the first award of the Good Conduct Medal for the period 28 June 1948 to 27 June 1951.

BOARD VOTE:  

FNE_____  LEM____  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999016487	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990728	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19510930	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.