PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            27 February 2001
	DOCKET NUMBER:   AR2000044545

	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. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Roger W. Able		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 award of the Purple Heart.

3.  The applicant states that there is no record on file for injuries he received on “Old Baldy” in Korea in 1952 but that he received a concussion from the firing of artillery pieces and was treated by the artillery battery medical aidman.  In an addendum to his application, he states that he was detailed to be an ammunition loader for one of the unit’s 155mm howitzers.  The applicant states that the artillery firing caused a slight concussion and bleeding from the ears.  He states that he now receives 20 percent service connected disability for hearing loss.  

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 and show that the applicant entered active duty on 3 November 1951.  He served in Korea and was honorably discharged from active duty on 24 September 1953 and transferred to the Army Reserve.

5.  In the records available to the Board, there is no evidence which shows that the applicant was wounded or treated for wounds as a result of hostile action. 

6.  The Board noted that the applicant was eligible for award of the Good Conduct Medal and the National Defense Service Medal which are not shown on the applicant’s DD Form 214.

7.  There is no indication in the records available to the Board that the applicant was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant received an honorable discharge and there is no indication of lost time or other indiscipline in his records.

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.

9.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

10.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

CONCLUSIONS:

1.  There are no records which show the applicant was wounded or treated for wounds as a result of hostile action.  The applicant states that his injuries resulted from the firing of his own unit’s howitzers, not action by the enemy.  Since the applicant’s injuries were not the result of enemy action, he is not eligible for award of the Purple Heart.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 3 November 1951 through 24 September 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

3.  Based on his service during the Korean War, the applicant is entitled to award of the National Defense Service Medal.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Good Conduct Medal for the period 3 November 1951 through 24 September 1953 and the National Defense Service Medal. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__RWA__  __MHM__  __JNS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     _Mr. John N. Slone_
		        CHAIRPERSON

INDEX

CASE ID	AR2000044545	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010227	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.