PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  5 October 2000
	DOCKET NUMBER:  AR2000043099

	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:

	Ms. Shirley Powell		Chairperson	
	Mr. Jamie Perez		Member	
	Mr. Elzey J. Arledge		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 entitlement to award of the Purple Heart.

3.  The applicant states he received a shrapnel wound to the left side of his neck on 25 January 1953, in Korea.

4.  The applicant’s military records show that he enlisted in the Army on            29 February 1952.  He completed his required training and was awarded an infantry military occupational specialty.

5.  Medical reports show that on 25 January 1953, while serving in Korea, he received a penetrating wound in the neck (generally) as a direct result of action against or by an organized enemy.  He was treated and released for duty after    6 days hospitalization.

6.  He was promoted to the rank of corporal, effective 24 December 1953.

7.  On 28 February 1954, he was honorably separated and transferred to the Army Reserve for completion of his service obligation.  His separation document indicates he had 2 years of creditable service.

8.  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 clearly shows the applicant was wounded in action and his records should be corrected accordingly.

2.  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 action on 25 January 1953.

BOARD VOTE:  

__sp___  __jp____  __ea____ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		___Shirley Powell__
		        CHAIRPERSON

INDEX

CASE ID	AR2000043099	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001005	
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.