PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 December 2000
	DOCKET NUMBER:   AR2000044468

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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 that he was awarded the Purple Heart.

3.  The applicant states that he was awarded the Purple Heart and it was erroneously omitted from his Report of Separation or Discharge (DD Form 214). In support of his appeal he submits a copy of a certificate awarding him the Purple Heart on 13 October 1955.

4.  The applicant’s military records show that on 16 December 1950, he enlisted in the Army for 3 years in the pay grade of E-1.

5.  His awards include the National Defense Service Medal, the United Nations Service Medal, the Army Occupational Medal (Germany) and the Korean Service Medal w/1 Bronze Service Star.

6.  A review of the applicant’s DD Form 214 shows that the applicant sustained a wound to his foot and his left leg as a result of hostile action by the enemy.  The certificate that he submitted in support of his appeal is dated 13 October 1955 and shows that he was awarded the Purple Heart for wounds received in action in Korea on 22 April 1952.

7.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a direct 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  An administrative error resulted in the Purple Heart not being added to his Report of Separation when he was awarded the Purple Heart.

2.  The available records clearly show that he sustained wounds to his foot and left leg as a result of hostile action by the enemy.  He was presented with a certificate awarding him the Purple Heart on 13 October 1955 for the wounds he sustained on 22 April 1952 while he was in Korea.

3.  He was awarded the Purple Heart for the wounds that he received and his records should be corrected accordingly.

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 by amending the DD Form 214 of the individual concerned to reflect that he was awarded the Purple Heart.

BOARD VOTE:  

__jph ___  __klw ___  __rjw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____James P. Huber_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000044468	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/12/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.