PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            23 January 2001
	DOCKET NUMBER:   AR2000046149

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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, that he be provided the 1st Oak Leaf Cluster (OLC) to the Purple Heart (PH). 

3.  The applicant states, in effect, that he earned the PH for wounds he received in action against the enemy in Korea.  In support of his application, he provides the enclosed General Order (GO) Number 44 that indicates he earned the PH  for being wounded in action in Korea on 14 October 1952.  

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

5.  The evidence or record does include a Department of Defense (DD)
Form 214 (Report of Separation From the Armed Forces of the United States), provided by the applicant, which was issued to him on the date of his separation from active duty. 

6.  This document verifies that he was inducted into the Army of the United States (AUS) on 10 July 1951 and confirms that he served on active duty until being honorably discharged on 9 April 1953, in the rank of corporal (CPL).  It also shows that he served overseas for 10 months and 28 days and that he earned the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge.  However, the separation document indicates “None” in block 29 (wounds received as a result of action with enemy forces). 

7.  Also on file is a copy of GO Number 44, dated 25 October 1952, issued by Headquarters, United States Army Hospital, 8169th Army Unit, APO 50, which confirms that the applicant was awarded the PH for wounds received in action against the enemy, near Hill 598 in North Korea, on 14 October 1952.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member of an Armed Force who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed in action.  

9.  The regulation defines a wound as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

10.  Chapter 4 prescribes the policy for award of the Army Good Conduct Medal (AGCM).  Paragraph 4-4, gives the specific criteria for approval of the AGCM.  It states, in pertinent part, that it is the immediate commander’s decision to award the AGCM based on his personal knowledge of the individual and on the individual’s official records.  It further states that the lack of official disqualifying comment by previous commanders allows that period of service to qualify for use in awarding the AGCM.  

11.  Paragraph 4-5 of the regulation defines periods of service which qualify for award of the AGCM.  It states, in pertinent part, that for the first award only, upon termination of service on or after 27 June 1950 a period of more than one year is a qualifying period for award of the AGCM.  The available evidence contains no indication that the applicant had committed any infractions that would have disqualified him from receiving the AGCM or that he was ever disqualified for the award by any of his immediate commanders.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he should be awarded the 
1st OLC to the PH for wounds he received in Korea.  However, there is no evidence that indicates the applicant ever earned the 1st OLC to the PH and the Board finds this specific claim lacks merit. 

2.  However, it appears that the applicant’s actual intent is to have his records corrected to reflect that he earned the basic award of the PH for wounds he received in Korea, which the Board finds a valid claim.  In addition, the Board finds that he is eligible to receive the AGCM, which he did not specifically request. 

3.  The evidence of record clearly shows that the applicant was awarded the 
PH as codified in GO Number 44, dated 25 October 1952.  This GO confirms that he earned the PH for wounds he received in action against the enemy near 
Hill 598 in North Korea on 14 October 1952.  Thus, the Board finds that it would appropriate to provide him the PH and to correct his separation document to reflect this change at this time. 

4.  By regulation, in order to award a PH, it is necessary to establish that the wound required treatment by a medical officer and this treatment must have been made a matter of official record.  The Board finds that GO Number 44, which authorizes the applicant receive the PH and was issued by an Army Hospital unit, sufficiently satisfies the regulatory burden of proof.

5.  The available evidence shows that the applicant completed a total of 1 year
and 9 months of honorable active military service, which more that satisfies the one year qualifying period of service criteria for the first award of the AGCM. The available evidence contains no suggestion of a disciplinary history that would disqualify him from receiving the award.  Therefore, the Board concludes that it would be appropriate to award him the AGCM for his honorable active duty service from 10 July 1951 to 9 April 1953.

6.  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 awarding the individual concerned the PH for wounds he received in action, on 14 October 1952, while serving as a CPL in Korea; by awarding him the AGCM based on his having completed more that one year of honorable active military service upon his separation on 9 April 1953; and by providing him a corrected separation document that reflects these changes. 

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

BOARD VOTE:  

__teo ___  ___wtm__  __ls ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000046149	
SUFFIX		
RECON		
DATE BOARDED	2001/01/23	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1953/04/09	
DISCHARGE AUTHORITY	AR 615-363-5 	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.  67	107.0020	
3.		
4.		
5.		
6.