PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                13 July 2000          
	DOCKET NUMBER:        AR1999027157

	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. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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) to show award of the Purple Heart.

3.  The applicant states that he received his Purple Heart in Tokyo General Hospital at 2:00am.  He states that if he received any papers, they were misplaced.  He contends that he has his Purple Heart, but he does not have any papers showing that he was awarded the Purple Heart.  In support of his application, he submits a copy of his DD Form 214 and his Retirement Certificate, dated 31 May 1954.

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 17 September 1951.  He served in Korea and was retired from active duty on 31 May 1954 by reason of physical disability.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 shows he sustained a mortar fragment wound to his face and neck on 7 October 1952.  His discharge document also shows he sustained a comminuted fracture to his right lower leg from a mortar fragment on 14 February 1953.

7.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

CONCLUSIONS:

1.  Evidence available to the Board shows that the applicant was wounded on 7 October 1952 and 14 February 1953 as a result of hostile action; therefore, he is entitled to two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).

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 the individual concerned was awarded the Purple Heart (First Oak Leaf Cluster).

BOARD VOTE:  

JLP_____  MHM____  JEA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Jennifer L. Prater____
		        CHAIRPERSON

INDEX

CASE ID	AR1999027157	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000720	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.