PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 December 2000
	DOCKET NUMBER:   AR2000044505

	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. Jessie B. Strickland		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 reflect his award of the Purple Heart.

3.  The applicant states that he was awarded the Purple Heart for wounds received in Korea; however, the award was never entered on his report of separation (DD Form 214).

4.  The applicant’s military records show that he enlisted in Fresno, California on 9 February 1951 for a period of 3 years.  He successfully completed his training and was transferred to combat duty in Korea in August 1951 for duty as a rifleman.

5.  On 21 October 1951 he was wounded by a gunshot wound to the upper arm and right hand.  He was evacuated to a hospital in Japan and subsequently to a hospital at Fort Bliss, Texas.  On 19 May 1952 he was transferred to Fort Lewis, Washington.

6.  On 20 July 1952 he plead guilty in the Superior Court of the State of Washington to the charge of robbery.  He was sentenced on 26 November 1952 to confinement at hard labor in the state penitentiary for a period of not more than 20 years.

7.  On 12 March 1953 he was discharged under other than honorable conditions under the provisions of Army Regulation 615-366, due to conviction by civilian authorities.  He had served 1 year, 5 months and 12 days of total active service and had 222 days of lost time due to being absent without leave (AWOL) and confinement by civil authorities.

8.  The DD Form 214 issued at the time of his separation shows that he was awarded the Korean Service medal with one bronze campaign star and the Combat Infantryman Badge.  It also shows that he was wounded as a result of action with enemy forces (gunshot wound to right upper arm and hand).  There is no indication in the available records to show that he was awarded the Purple Heart.

9.  The Board considered the applicant’s request for an upgrade of his discharge on 9 August 1971 and denied his request.

CONCLUSIONS:

1.  Although there is no evidence in the available records to show that the applicant was awarded the Purple Heart, the evidence of record clearly indicates that he was entitled to such an award and the Board is convinced that he was in fact awarded the Purple Heart.

2.  Therefore, it is reasonable to presume that the absence of an award of the Purple Heart on his DD Form 214 was the result of an administrative error and thus should be corrected at this time.

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 showing that the individual concerned 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	AR2000044505	
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.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.		
4.		
5.		
6.