PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 February 2001  
	DOCKET NUMBER:   AR2000048908

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John H. 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 an unspecified unit citation and the Purple Heart.

3.  The applicant’s request for the issuance of the Republic of Korea War Service Medal was addressed by separate correspondence to the applicant.

4.  The applicant states, in effect, that he is entitled to these awards.  

5.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 15 June 1951, served in Korea and was honorably discharged on 17 May 1954.

6.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show any unit citations or the Purple Heart as authorized awards.  

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean conflict.  This document shows the unit, to which the applicant was assigned, Company G, 38th Infantry Regiment, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 
19 September 1950 to 31 July 1952 by Department of the Army General Orders Number 41-55.    

8.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 states “None”. 

9.  Daily Sick Reports for Company G, 38th Infantry Regiment, during the period 4 March 1952 to 24 July 1952 show the applicant was evacuated on 25 April 1952.  However, there is no evidence that his medical condition was the result of hostile action.    

10.  Army Regulation 600-8-22 (Military Awards) 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.

CONCLUSIONS:

1.  The applicant’s unit was cited for the Republic of Korea Presidential Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his military records to show this unit citation.
2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Korea.  Therefore, the applicant is not entitled to award of the Purple Heart.

3.  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 Republic of 
Korea Presidential Unit Citation.

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

BOARD VOTE:  

JNS___  MHM_____  RWA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR2000048908	
SUFFIX		
RECON		
DATE BOARDED	20010227	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19540517	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0092	
2.	107.0015	
3.		
4.		
5.		
6.