PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  26 September 2000
	DOCKET NUMBER:  AR2000041784

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas Baxter		Member	
	Mr. Melvin H. Meyer		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 records be corrected to show his entitlement to award of the Purple Heart.

3.  The applicant states that he was wounded by the enemy in a POW (Prisoner of War) camp in 1953.

4.  The applicant’s military records show that he enlisted in the Army on            28 August 1948, for 2 years.  He completed his required training and was awarded military occupational specialty (MOS) 0395 (Truck Driver).

5.  On 12 January 1950, he extended his enlistment to 3 years.

6.  During the period 30 September 1950 to 24 August 1953, he served in Korea.

7.  On 28 November 1950, he was advanced to the rank of corporal.

8.  On 29 November 1950, he was captured near Hagaru-ri, North Korea while driving infantry soldiers to the front line.

9.  On 12 June 1953, the Chief, Casualty Division, The Adjutant General’s Office, promoted him to sergeant effective 1 June 1953.

10.  On 21 August 1953, he was repatriated from North Korean POW Camp # 1, Chun-Song, North Korea.

11.  On 24 August 1953, aboard the USNS General John Pope, medical personnel determined he had lacerated wounds to his forehead and left hand due to a “fight in POW camp with guards, healed”.

12.  On 16 October 1953, he was honorably discharged, in the rank of sergeant, under Army Regulation 615-360, based on the expiration of his term of service (ETS).  Records show he had been retained in service beyond his ETS for          2 years, 1 month and 19 days for the convenience of the government.  His separation document indicates he had 5 years, 1 month and 19 days of creditable service.

13.  On 14 September 2000, a staff member of the Awards Branch, Total Army Personnel Command advised an analyst of this Board that the applicant met the requirements for award of the Purple Heart.

14.  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.
CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action as a direct result of an enemy action during his POW captivity by the North Koreans in 1953 and he is entitled to the Purple Heart, and to have his records corrected to show award of the Purple Heart.

2.  This is supported by his medical records as well as by an official of the Awards Branch.

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 for wounds received in 1953, while a POW.

BOARD VOTE:  

__ao___  __tb___  ___mm__ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		__Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR200041784	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000926	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107	PH	
2.		
3.		
4.		
5.		
6.