PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 October 2000                   
	DOCKET NUMBER:   AR2000044709

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Jaime Perez		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 he be awarded the Purple Heart.

3.  The applicant states that he was wounded in action and deserves the Purple Heart.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from alternate sources.

5.  The applicant was inducted into the Army on 30 January 1951.  His Report of Separation or Transfer, DD Form 214, shows that he held military occupational specialty 1729, Combat Construction Specialist.  On 3 August 1952, he received a gunshot wound, from an unknown source, near Chunchon, North Korea while
on guard duty.  He was returned to duty on 15 August 1952.  He separated on  16 January 1953.

6.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

CONCLUSIONS:

1.  The source of the applicant’s wound cannot be determined (whether it was caused by the enemy or by “friendly fire”), and guard duty cannot be construed as being direct combat operations.  However, he was wounded while serving in a combat zone in hostile territory and guard duty could be construed as indirect combat operations.  The Board concludes that any doubt should be resolved in the applicant’s favor and he should be awarded the Purple Heart.

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 that the applicant was awarded the Purple Heart for wounds received on 3 August 1952.

BOARD VOTE:  

__slp___  __eja___  __jp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Shirley L. Powelll
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000044709	
SUFFIX		
RECON		
DATE BOARDED	20001005	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.