PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 March 2001
	DOCKET NUMBER:   AR2000048964

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		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 the award of the Purple Heart be included on his Report of Separation (DD Form 214).

3.  The applicant states that he was awarded the Purple Heart; however, it was never included on his DD Form 214.  In support of his appeal, he submits information obtained from hospital admission cards created by the Office of the Surgeon General for the year covering 1950; a copy of the Army Surgeon General’s Office Hospital File Listing for the period covering 1950 through 1953 (Korea); a copy of the certificate awarding him the Purple Heart; a copy of the record from the Awards Branch of the Adjutant General’s Office indicating that orders were published on 27 July 1950 awarding him the Purple Heart; and a copy of the Authorization for Issuance of Awards (DA Form 1577) dated 16 December 1972.

4.  The applicant’s military records are not available for review.  However, the applicant’s DD Form 214 shows that on 8 December 1949, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a highway engineer.

5.  His awards include the Army Occupation Medal (Japan), the Korean Service Medal w/three bronze service stars and the United Nations Service Medal.

6.  The hospital admission cards shows that on 24 July 1950, while in Korea, the applicant was hospitalized for 15 days after being shot in the thigh and lower leg as a direct result of action against or by the enemy.

7.  Orders were published on 27 July 1950, awarding the applicant the Purple Heart for wounds received in action in Yongdong, Korea on 25 July 1950.  The available information shows that he was presented with the Purple Heart on 16 December 1972.

8.  The applicant was honorably discharged on 1 February 1953.  However, item number 29 on his DD Form 214 fails to show that he was wounded as a result of action by the enemy.  His DD Form 214 also fails to show the award of the Purple Heart (Item Number 27).

9.  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.

CONCLUSIONS:

1.  During the preparation of the applicant’s DD Form 214 an administrative error was made which resulted in the wounds received in action and the award of the Purple Heart being omitted.

2.  The evidence of clearly shows that the applicant was hospitalized on 24 July 1950 after being shot in the thigh and lower leg.  The wounds were as a direct result of action by the enemy and his DD Form 214 should be amended to reflect the fact that he was wounded.

3.  The orders were published awarding him the Purple Heart on 27 July 1950.  The DD Form 1577 that he submitted in behalf of his appeal shows that he was issued the award on 16 December 1972 and his records should be amended accordingly.

4.  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 amending the DD Form 214 to show that the applicant was awarded the Purple for wounds he received as a result of action with enemy forces on 24 July 1950.

BOARD VOTE:  

__jhk____  __clg ___  ___rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______John H. Kern______
		        CHAIRPERSON

INDEX

CASE ID	AR2000048964	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/03/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.