PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                 1 August July 2000
	DOCKET NUMBER:         AR2000036480

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Mr. Ernest W. Lutz 		Member	
	Ms. Karol A. Kennedy		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.

3.  The applicant states, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show the Purple Heart.
In support of his application he submits a copy of his DD Form 214, copy of his VA Form 20-8992 (Award of Disability Compensation) and two newspaper articles.

4.  The applicant's military records were 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 October 1948.  He served in Korea and was honorably discharged on 5 March 1952.

5.  The applicant’s DD Form 214 shows that the applicant was awarded the Army of Occupation Medal for Japan, the Combat Infantryman Badge, the Korean Service Medal with three bronze service stars and the Republic of Korea Presidential Unit Citation.  

6.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  There are no orders in the applicant’s records which awarded him the Purple Heart.

7.  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 he was awarded the Purple Heart.  There also is no indication he was wounded as a result of hostile action.

8.  The applicant provided a copy of his VA Form 20-8992, dated 6 October 1987, which shows that he was awarded 20 percent disability compensation for a service-connected disability.  The cause of this disability is not stated in the available records. 

9.  The applicant provided two newspaper articles, which indicated that he was awarded the Bronze Star Medal for heroic achievement in connection with military operations against an enemy of the United States and which indicated that the hospital he was being treated at was attacked and that he escaped and crawled six miles to his company.

10.  The Board notes that the applicant is eligible for the United Nation Service Medal and is eligible for the first award of the Good Conduct Medal for the period 2 October 1948 through 5 March 1952 which are not shown on his discharge document.

11.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.
His records show that he received excellent conduct and efficiency ratings during his entire period of service.  There is no evidence of derogatory information contained in the available records.

12.  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.

13.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

14.  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.  The Board noted the applicant’s contention; however, there is no evidence of record which shows the applicant was wounded as a result of hostile action.  It is also noted that the applicant authenticated his discharge attesting to the fact he was not wounded and was not entitled to award of the Purple Heart.  In the absence of evidence of record showing he was wounded as a result of hostile action, he is not entitled to the award of the Purple Heart.

2.  Notwithstanding the VA Rating Decision which awarded the applicant
20 percent disability compensation for a service-connected disability; there is no
medical evidence which shows that his service-connected disability was the 
result of hostile action.  Therefore, he is not entitled to award of the Purple Heart.

3.  The Board noted the newspaper articles provided by the applicant.  However, the newspaper articles are not sufficient by themselves as a basis for award of the Purple Heart and in view of the evidence of record which shows he was not entitled to the Purple Heart.  Therefore, he is not entitled to correction of his records to show this award.

4.  The applicant is entitled to the United Nations Service Medal; therefore, he is entitled to correction of his records to show the United Nations Service Medal. 

5.  Evidence of record shows that he is entitled to the first award of the Good Conduct Medal for the period 2 October 1948 through 5 March 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the United Nations Service Medal and the first award of the Good Conduct Medal for the period 2 October 1948 through 5 March 1952.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

DSJ____  EWL____  KAK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_DEBORAH S. JACOBS______
		        CHAIRPERSON

INDEX

CASE ID	AR2000036480	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000801	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19520305	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY/ GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  102		
3.  131		
4.		
5.		
6.