PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            21 September 2000 
	DOCKET NUMBER:   AR2000042704

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 correction of his discharge document to show a second award of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)) for wounds received in action on 26 March 1953.

3.  The applicant submits two applications.  He states that there is no mention of his leg wound on his discharge document or a second award of the Purple Heart. In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and VA documentation dated 8 December 1955. 

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant was inducted on
26 September 1951.  He served in Korea and was honorably released on
18 August 1953.  

5.  The applicant’s DD Form 214 shows one award of the Purple Heart for wounds received as a result of enemy action on 20 December 1952.   

6.  Medical evidence of record shows the applicant was wounded in action (gunshot wound to right leg) on 26 March 1953 in North Korea.

7.  DA Form 1577 (Authorization for Issuance of Awards), dated 22 June 1977, shows the Reserve Components Personnel and Administration Center in St. Louis, Missouri, determined the applicant was entitled to the Purple Heart (First Oak Leaf Cluster) and the National Defense Service Medal.  These awards are not shown on his discharge document.  

8.  Army Regulation 600-8-22 (Military Awards) 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

CONCLUSIONS:

1.  The applicant’s discharge document shows he was awarded the Purple Heart for wounds sustained as a result of enemy action on 20 December 1952.

2.  Medical evidence of record shows the applicant was also wounded in action on 26 March 1953.  Therefore, he is entitled to correction of item 
27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)) and item 29 (Wounds Received as a Result of Action with Enemy Forces) to show that he sustained a gunshot wound to his right leg on 26 March 1953.

3.  The applicant was awarded the National Defense Service Medal; therefore, he is entitled to correction of his military records to show this award.

4.  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: 

a.  by showing the entries “Purple Heart (First Oak Leaf Cluster)” and “National Defense Service Medal” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and 

	b.  by showing the entry “Gunshot wound to right leg, 26 March 1953” in item 29 (wounds Received as a Result of Action with Enemy Forces) on his DD Form 214.

BOARD VOTE:  

JHL_____  CLG____  ENA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000042704	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530818	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0069	
3.		
4.		
5.		
6.