PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                9 February 2000
	DOCKET NUMBER:        AR1999026223

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol Jo Suiter		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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was awarded the 
Purple Heart with First Oak Leaf Cluster.

3.  The applicant states, in effect, that he was wounded by a hand grenade to his back and was wounded by enemy fire to his left thigh.  He also states that his wound shows in his ex-ray.  He further states that the Purple Heart with First Oak Leaf Cluster is not shown on his DD Form 214.

4.  The applicant’s military personnel records were lost or destroyed in the National Personnel Records Center fire of 1973; however, his medical records are available and appear to be complete.  Records available to the Board were obtained from alternate sources and show that he entered active duty on 4 January 1949 as a rifleman.  He served in Korea and was honorably discharged on 17 December 1953.

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the United Nations Service Medal, the Combat Infantryman Badge and the Korean Service Medal with three bronze service stars and one silver service star.  His discharge document does not show any awards of the Purple Heart.

6.  Medical evidence shows that the applicant received a shell fragment wound 
to his left shoulder on 31 August 1950 and a gunshot wound to his left thigh on 25 September 1950 which were the results of hostile action.  His medical records also show he was accidentally wounded by a fellow soldier on 
21 December 1950.

7.  A DA Form 1577 (Authorization for Issuance of Awards), dated 4 November 1988, shows the Army Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Purple Heart with First Oak Leaf Cluster, the Good Conduct Medal and the Republic of Korea Presidential Unit Citation Badge.

8.  A DA Form 1577 (Authorization for Issuance of Awards), dated 24 June 1988, shows the Army Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Prisoner of War (POW) Medal.

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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

CONCLUSIONS:

1.  The applicant was awarded the Purple Heart with First Oak Leaf Cluster, the Good Conduct Medal, the Republic of Korea Presidential Unit Citation Badge and the POW Medal.  Therefore, he is entitled to correction of his records to show these awards.

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 in item 27 (Decorations and Awards) of his DD Form 214 that he was awarded the POW Medal, the Purple Heart with First Oak Leaf Cluster, the Good Conduct Medal and the Republic of Korea Presidential Unit Citation Badge.

BOARD VOTE:  

RVO____  DSJ_____  CJS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999026223	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000209	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19531217	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  102		
3.  138		
4.  75		
5.		
6.