PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 15 July 1999
	DOCKET NUMBER:         AR1999017314

	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. George D. Paxson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Debra Williams		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 award of the Purple Heart for combat wounds he received while serving in Korea.

3.  The applicant states that he was wounded on 13 October 1951 on a hill in Korea from an incoming rocket explosion resulting in phosphorous burns to both his hands and lower legs.  He also states that he was granted 10 percent disability from the Department of Veterans Affairs (DVA) for his service-connected injuries that he received in combat while serving in Korea.  In support of his applicant he submits a copy of his VA Claim, a copy of a morning report for the 19th Infantry Regiment and a copy of a local newspaper article relating to his injury.

4.  The applicant’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 he was inducted on 9 January 1951.  He served in Korea in the 19th Infantry Regiment and was honorably discharged on 15 October 1952.

5.  The applicant’s DD Form 214 shows he was awarded the Combat Infantryman Badge, the Korean Service Medal with three bronze service stars, the United Nations Service Medal and the Army of Occupation Medal with Japan Clasp.

6.  A DA Form 1577 (Authorization for Issuance of Awards), dated 19 September 1089, shows the Army Reserve Center in St. Louis, Missouri, determined the applicant was entitled to the National Defense Service Medal.

7.  The applicant provides a copy of a morning report dated 24 October 1951, for Company A, 19the Infantry Regiment which shows that the applicant was slightly wounded near Chippo-Ori on 13 October 1951 and was returned to duty.

8.  The applicant provides a copy of a newspaper article, which indicates
that two Contra Costa Army soldiers were wounded in action in Korea and the applicant was one of those soldiers.

9.  A copy of his VA Claim dated 2 August 1954 shows that he received 
10 percent disability for a skin condition of the groin, hand and legs, which was cause by his injury during combat.

10.  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 have been made a matter of official record.  

CONCLUSIONS:

1.  Evidence of record shows that the applicant was wounded as a result of hostile action while serving in Korea on 13 October 1951.  Therefore, he is entitled to correction of his records to show the Purple Heart.

2.  Evidence of record shows that he was awarded the National Defense Service Medal; therefore, he is entitle 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 of his DD Form 214 that he was awarded the Purple Heart for wounds sustained on 13 October 1951 and the National Defense Service Medal.

BOARD VOTE:  

GDP_____  JLP____  DW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR1999017314	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990715	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19521015	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.