PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                20 January 2000
	DOCKET NUMBER:        AR1999027519

	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. Robert G. Hinkle		Chairperson	
	Mr. Gary F. Geraets		Member	
	Ms. Barbara J. Ellis		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, in effect, that his 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 and to show in item 29 (Wounds Received as a Result
of Action with Enemy Forces) that he was WIA (wounded in action) on 4 June 1951.

3.  The applicant states, in effect, that item 27 (Decorations and Awards) and item 29 (Wounds Received as a Result of Action with Enemy Forces) are incorrect.  In support of his application he submits a copy of his DD Form 214 and a copy of Form 52b (Medical Department).

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 he entered active duty on 2 May 1950 as a rifleman.  He served in Korea and was honorably discharged on 1 May 1953.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “NONE”. There is no record that the applicant was awarded the Purple Heart. 

6.  The applicant provided a copy of Form 52b, which shows the entry “WIA (wounded in action) – Wound, missile, shell fragment penetrating left hand due to enemy action app (applied) 1700 hrs 4 June 51 Yonchon, Korea”. 

7.  There is no evidence in the available records that show he was awarded the
Good Conduct Medal.  There is no evidence of derogatory information contained in the available records. 

8.  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.

9.  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.  Medical evidence of record shows that the applicant was wounded in action (WIA) by a missile shell fragment penetrating his left hand due to enemy action on 4 June 1951 in Yonchon, Korea.  Therefore, he is entitled to correction of item 
27 (Decorations and Awards) to show that he was awarded the Purple Heart and to show in item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 the entry “SFW [shell fragment wound] - Penetrating Left Hand - 4 June 1951 Korea”.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 2 May 1950 through 1 May 1953 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) that he was awarded the Purple Heart, the first award of the Good Conduct Medal for the period 2 May 1950 through 1 May 1953 and to show in item 29 the entry “SFW - Penetrating Left Hand - 4 June 1951 Korea”.

BOARD VOTE:  

RGH____  GFG_____  BJE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Robert G. Hinkle______
		        CHAIRPERSON

INDEX

CASE ID	AR1999027519	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000120	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19530501	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  102		
3.		
4.		
5.		
6.