PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                3 August 2000
	DOCKET NUMBER:       AR2000041787

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Calvin M. Fowler		Member	
	Mr. Edwin S. Castle		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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was awarded the Purple Heart and the Good Conduct Medal.

3.  The applicant states that he was wounded in Korea and broke his back.  He also states that he was sent home stateside and medically discharged, but was put on the wrong ship and remained in Korea for the rest of his tour.  In support of his application he submits a copy of his DD Form 214.

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 27 September 1949.  He served in Korea and was honorably discharged on 9 October 1952.

5.  The applicant’s DD Form 214 shows he was awarded the Army of Occupation Medal with Japan Clasp and the Korean Service Medal with one silver service star.  

6.  The applicant’s DD Form 214 does not show the Purple Heart as an 
authorized award.

7.  Item 29 (Wounds Received as result of Action with Enemy Forces), of the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “NA”.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication in the available records that he was wounded as a result of hostile action.

8.  There is no evidence in the available records that show he was awarded the Good Conduct Medal.  There is no evidence of derogatory information contained in the available records.

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

10.  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 that he was wounded in Korea and broke his back.  However, there is no evidence of record which shows the applicant was wounded as a result of hostile action.  It is also noted 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.  Evidence of record shows that the applicant was entitled to the first award of the Good Conduct Medal for the period 27 September 1949 through 26 September 1952 based on completion of three years of qualifying service.  Therefore, he is entitled to correction of his records to show this award.

3.  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 first 
award of the Good Conduct Medal for the period 27 September 1949 through 26 September 1952.

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

BOARD VOTE:  

JNS_____  CMF____  ESC____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__JOHN_N. SLONE___________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041787	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000803	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19521009	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  102		
3.		
4.		
5.		
6.