PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 November 2000                   
	DOCKET NUMBER:   AR2000045066

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Paula Mokulis		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 in effect, correction of his (Report of Separation from the Armed Forces of the United States) (DD Form 214) to show award of the Purple Heart (PH).

3.  The applicant states in effect that he was awarded the PH for a injury sustained in combat while stationed in Korea.  He just recently discovered that the award was never entered on his DD Form 214.  He submits copies of his Physical Evaluation Proceedings in support of his application.

4.  The applicant’s military records show that on 7 January 1949, at the age of 
17 and with parental consent he enlisted in the Regular Army for 2 years.  He completed the required training and was awarded military occupational specialty
0833 (Artillery Mechanic).  The applicant’s Service Record shows his character and efficiency ratings throughout his period of service as “excellent”.

5.  His record also shows that on 30 November 1950, in the vicinity of Hamhung, Korea the applicant received a gunshot wound to the head as a result of enemy action.  Item 29 of the applicant’s DD Form 214 shows that he was wounded while serving in Korea.  However, item 27, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or authorized  does not show the PH award or the Army Good Conduct Medal (AGCM).

6.  General Order #376, dated 11 December 1950, from Tokyo Army Hospital awarded the applicant the PH for wounds received in action in Hamhung, Korea on 30 November 1950.  

7.  On 31 October 1951, the applicant was honorably retired with disability.  He completed 2 years, 9 months and 24 day of creditable active service.  He was awarded the Korean Service Medal and the Occupation Medal of Japan. 

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 by a medical officer, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 provided, in pertinent part, that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and for the first award only, upon termination of service on or after 27 June 1950, of less than
3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency rating must have been rated as “excellent” for the entire period of qualifying service.

CONCLUSIONS:

1.  The evidence of record and the evidence supplied by the applicant clearly show that he was wounded as a result of hostile action on 30 November 1950, while in Korea.  Therefore, he is entitled to the PH award.

2.  The evidence of record shows that the applicant was entitled to the first award of the AGCM for the period 7 January 1949 to 31 October 1951 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending the applicant’s DD Form 214, to show that he was 
awarded the PH and the AGCM for the period 7 January 1949 to 31 October 1951.

BOARD VOTE:  

__gdp___  __mhm__  __pm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045066	
SUFFIX		
RECON		
DATE BOARDED	20001107	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.