PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 October 1999                   
	DOCKET NUMBER:   AR1999019082

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Ms. Kathleen A. Newman		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 he be awarded the Purple Heart, that his birth year on his DD Form 214 be corrected, and that his Certification of Military Service be corrected to show his correct entry date.

3.  The applicant states that he was wounded while in Korea and he was born in 1930.  He provides a VA notice of award of disability compensation, a newspaper clipping and his DD Form 214 as supporting evidence.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center Fire in 1973.  The information contained herein was obtained from documents provided by the applicant and from a Surgeon General’s Office (SGO) hospital list.

5.  The applicant was born on 11 September 1930.  He was inducted and entered active service on 8 November 1950.  He served in Korea in specialty 4745 (related civilian occupation – munitions handler) for about 13 months.  He is listed on an SGO hospital list for an unknown period and an unknown reason.  He was released from active duty on 11 August 1952 after completing 1 year and 9 months creditable active service.  He had 4 days lost time.  He separated in the rank of Corporal.  He had been awarded the Korean Service Medal, the United Nations Service Medal and the Combat Infantryman Badge.  His DD Form 214 shows his date of birth as 11 September 1928.

6.  The Certification of Military Service issued on 4 November 1998 erroneously shows the applicant’s entry date as 11 November 1952.

7.  The applicant provides a newspaper clipping showing he was wounded in action in Korea on 6 March (year unknown).  The VA has awarded him a 10 percent disability rating for a shell fragment wound in the right leg.

8.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.
The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27July 1954.  The Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service. 

CONCLUSIONS:

1.  The Board concludes the applicant has provided sufficient evidence to show he is entitled to award of the Purple Heart.  Although there is no specific evidence to show he was wounded in action, the VA has awarded him disability compensation for a shell fragment wound.  As an infantryman serving in Korea during the Korean War, it is likely such a wound was the result of enemy action.

2.  The applicant also meets the criteria for award of the National Defense Service Medal.

3.  The applicant’s service records are not available to show whether or not he met the specific criteria for award of the Army Good Conduct Medal.  Even though he did have 4 days of lost time, this is not an automatic disqualification. The Board notes that he was an inductee who separated in the rank of Corporal. The Board concludes that his commanders therefore believed his overall service was excellent and so he should also be awarded the Army Good Conduct Medal.

4.  Since the applicant’s service records are not available it cannot be determined what his induction documents showed as his date of birth.  However, his birth certificate shows he was born on 11 September 1930.  His DD Form 214 should also show this date.

5.  There is an error on the applicant’s Certification of Military Service.  He was inducted and entered active service on 8 November 1950, not 11 November 1952.

6.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart and the Army Good Conduct Medal (for the period 8 November 1950 – 11 August 1952).

2.  That the applicant’s DD Form 214 be corrected to add the Purple Heart, the Army Good Conduct Medal, and the National Defense Service Medal and to show his date of birth as 11 September 1930.

3.  That the applicant’s Certification of Military Service dated 4 November 1998 be voided and a new Certificate be issued to show his date of entry as                 8 November 1950.

BOARD VOTE:  

__mkp___  __gdp___  __kan___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999019082	
SUFFIX		
RECON		
DATE BOARDED	19991027	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	100.00	
3.		
4.		
5.		
6.