PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 August 2000                   
	DOCKET NUMBER:   AR2000039670

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Calvin M. Fowler		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 Report of Separation (DD Form 214) be corrected by adding his two awards of the Purple Heart.

3.  The applicant states that he was awarded the Purple Hearts while in Korea but they were not listed on the DD Form 214.

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

5.  The applicant entered active duty in 1948.  He was assigned to Korea on an unknown date.  Three Office of the Surgeon General Hospital Admission Cards are available.  Two show he was in the infantry branch assigned to the 7th Infantry Regiment; one shows he was in the field artillery branch assigned to the 57th Field Artillery Battalion.  All three show he was admitted to the hospital on    1 December 1950.  One shows he was treated for a rifle bullet wound to the abdomen, abdominal wall, pelvis and back and he was wounded as a direct result of action against or by an organized enemy.  Two show he had a second diagnosis of a burn to the leg as a direct result of action against or by an organized enemy and caused by the indirect effects of an instrumentality of war.

6.  AGO Form 241, Casualty Report, was prepared as a supplemental casualty report on 5 December 1950.  It shows the applicant was a battle casualty, date of casualty 1 December 1950, for diagnoses of a rifle bullet wound to the back and first degree burns to his right leg when an enemy bullet hit a gas can and the can exploded.

7.  The applicant was discharged for the purpose of immediate reenlistment sometime in 1951.  His Report of Separation for that period is not available.  He was subsequently discharged on 14 June 1954.  The Purple Heart is not listed on the DD Form 214 for the period ending 14 June 1954.

8.  A VA appeal decision dated 12 June 1956 indicates that service medical records were reviewed and showed that the applicant had sustained burns of the right leg on 29 November 1950 when an enemy bullet struck a gasoline stove which exploded and on 1 December 1950 when he incurred a gunshot wound to the left back region.  

9.  Army Regulation 600-8-22 prescribes procedures and eligibility criteria for award of military decorations.  In pertinent part, it states that a Purple Heart is authorized for the first wound suffered while in any action against an enemy of the United States.  The key issue is the degree to which the enemy caused the injury.  For each subsequent award an oak leaf cluster will be awarded.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion or agent.
CONCLUSIONS:

1.  The Board concludes that the applicant has provided sufficient evidence to verify that he was wounded on two separate occasions.  

2.  The Casualty Report and the Hospital Admission Cards show that the applicant was admitted to the hospital on 1 December 1950 and treated for a rifle bullet wound of the abdomen and back and for burns.  However, the VA reviewed his service medical records in 1956 and determined that he had received the burns on 29 November and the rifle bullet wound to the back on 1 December 1950.  Presumably he did not require hospitalization or it was not possible for him to be hospitalized when his burn injuries were incurred on 29 November 1950.

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 that the applicant was awarded the Purple Heart for wounds received on 29 November 1950 and the Purple Heart 1st oak leaf cluster for wounds received on 1 December 1950.

BOARD VOTE:  

__jns___  __esc___  __cmf___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039670	
SUFFIX		
RECON		
DATE BOARDED	20000803	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.