PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            17 May 2000
	DOCKET NUMBER:   AR2000041009

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Raymond J. Wagner		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 that he was wounded twice while serving in Korea.

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 entered active duty on 30 September 1950.  He served in Korea for approximately 9 months; however, the exact dates of his service in Korea cannot be determined from available records.  The applicant was honorably discharged from active duty on 19 September 1951.

5.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show the Purple Heart as an authorized award.  However, his DD Form 214 shows in item 29 (Wounds Received as a Result of Action with Enemy Forces) that he sustained a shell fragment wound of the right thigh on 18 April 1951 and sustained shell fragment wounds to the left ear and left leg on 3 June 1951.

6.  The Board noted that the applicant received the Korean Service Medal; however, available records do not show entitlement to award of the United Nations Service Medal for his service in Korea.

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.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

9.  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.

CONCLUSIONS:

1.  The applicant was wounded twice as a result of enemy action while serving in Korea.  Therefore, the applicant is entitled to two awards of the Purple Heart and correction of his records to show these awards which are correctly known as the Purple Heart (First Oak Leaf Cluster).

2.  Based on the applicant’s service in the Korean Conflict and award of the Korean Service Medal; he is entitled to award of the United Nations Service Medal.  Therefore, he is entitled to correction of his records to show award of the United Nations Service Medal.

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 the individual concerned was awarded the Purple Heart (First Oak Leaf Cluster) and the United Nations Service Medal.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041009	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000517	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19510919	
DISCHARGE AUTHORITY	SR 615-363-5	
DISCHARGE REASON	PETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.