PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 July 2000                   
	DOCKET NUMBER:   AR2000038392

	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	
	Mrs. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Ms. Margaret V. Thompson		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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show the award of the Purple Heart.

3.  The applicant states in effect, that he was not awarded the Purple Heart 
after his injury nor was it entered on his DD Form 214, when he was discharged. He further states that he has since been awarded the Purple Heart and that he wants his DD Form 214, to show the award.  He submits a copy of the awarding certificate in support of his request.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

5.  He enlisted in the Regular Army on 24 May 1946, for a period of 3 years.  His services were continuous through extensions and reenlistments.

6.  The Office of the Surgeon General Hospital Admission Card shows that the applicant was admitted to the hospital on 3 September 1950, for treatment of a
shrapnel wound to the abdomen.  His injury was a result of hostile action.

7.  The applicant’s DD Form 214, item 29, shows that he received shrapnel wound while serving in Korea.  The Purple Heart award is not listed in item 
27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  

8.  On 6 March 1952, the applicant was honorably discharged.  He completed 
5 years, 9 months and 13 days of creditable active service.  He was awarded
the Army Good Conduct Medal, the WWII Occupational Medal (Germany), the WWII Victory Medal, the Combat Infantryman Badge, the Korean Service Medal w/5 bronze service stars and the Korean Presidential Unit Citation.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The evidence of record and the evidence supplied by the applicant clearly show that he was wounded as a result of hostile action on 3 September 1950, while in Korea.  The wound he received was treated by a medical officer.
Therefore, he is entitled to the Purple Heart award.

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 applicant is entitled to award of the Purple Heart.

BOARD VOTE:  

__gdp___  __eb____  __mvt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000038392	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.