PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            1 February 2001
	DOCKET NUMBER:   AR2000043990

	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. Luther L. Santiful		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Barbara J. Lutz		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 records to show wounds received in action and award of the Purple Heart.

3.  The applicant states that there is no mention of combat injuries or medals for wounds received on his discharge.

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.

5.  The applicant provided a copy of a DD Form 214 (Report of Separation from the Armed Forces of the United States) covering his service from 6 June 1951 through 27 May 1954.  This DD Form 214 shows item 23 (Other Service) the entry “3 years, 0 months and 14 days”, but there is no DD Form 214 covering this prior service.  

6.  The applicant was asked to provide a copy of the discharge document covering his first enlistment.  He responded on 1 January 2001 by providing a letter of explanation and an Honorable Discharge Certificate showing he was discharged on 5 June 1951.  The applicant also explained the he did not have a DD Form 214 covering that period of service which ended on 5 June 1951.

7.  A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center.  A search of these files revealed that the applicant was wounded twice as a result of enemy action.

8.  The applicant’s reconstructed records contain copies of two hospital admission records. The first one shows he was admitted on 12 August 1950 for treatment of penetrating bullet wound of the forearm and hand resulting from enemy action.  The second record shows the applicant was admitted on 18 September 1950 for treatment of a bullet wounded to the forearm resulting from enemy action.

9.  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 regulation also provides that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Purple Heart.

10.  Army Regulation 635-5 (Separation Documents) governs preparation of the DD Form 214.  The regulation states, in pertinent part, that item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) will be completed to show the decorations awarded or authorized during the period covered by the DD Form 214.

CONCLUSIONS:

1.  Records show the applicant was wounded twice as a result of hostile action during the Korean War.  Therefore, he is entitled to correction of his records to show award of the Purple Heart (First Oak Leaf Cluster).

2.  In the absence of the DD Form 214 covering the period of service during which the applicant was wounded, the Board has determined that, as an exception to regulation, a DD Form 215 (Correction to DD Form 214) will be issued to amend the DD Form 214 (with separation date of 27 May 1954) to show that he was wounded on 12 August 1950 and again on 18 September 1950 in Korea and to show award of the Purple Heart (First Oak Leaf Cluster) for these wounds. 

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 issuing a DD Form 215, as an exception to regulation, to amend the DD Form 214 (with separation date of 27 May 1954) to show that the individual concerned was wounded on 12 August 1950 in Korea and again on 18 September 1950 in Korea and that he was awarded the Purple Heart (First Oak Leaf Cluster) for these wounds. 

BOARD VOTE:  

__LLS___  __JEA__  __BJL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mr. Luther L. Santiful__
		        CHAIRPERSON

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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.		
2.		
3.		
4.		
5.		
6.