PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 April 2001
	DOCKET NUMBER:   AR2000050134

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret V. Thompson		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 for wounds he received in combat in Korea.

3.  The applicant states, in effect, that he was wounded in combat in Korea on 10 October 1952 and 1 March 1952 and should have been awarded the Purple Heart for his wounds.  In support of his application he submits a copy of his report of separation (DD Form 214). 

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center which destroyed millions of service records.  However, the DD Form 214 provided by the applicant and hospital casualty records show that he was inducted in Chicago, Illinois on 4 November 1950 and was promoted to the rank of private first class (PFC) on 6 July 1951.

5.  On 10 October 1951, while serving in Korea, he received a gunshot wound to the left wrist and was treated and hospitalized in a field hospital for 20 days before being returned to duty.

6.  On 1 March 1952 he received shell fragment wounds to the left hip and was treated and hospitalized in an evacuation hospital for 22 days before being returned to duty.  There is no indication that he was ever awarded the Purple Heart for his wounds. 

7.  On 4 August 1952 he was honorably released from active duty in the rank of PFC and was transferred to the Enlisted Reserve Corps (ERC).  He had served 1 year, 9 months and 1 day of total active service of which 1 year and 26 days were spent in an overseas area.  He was awarded the Combat Infantryman Badge, the Army of Occupation Medal (Japan), the United Nations Service Medal and the Korea Service Medal with two bronze campaign stars.

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

9.  Army Regulation 600-8-22 also prescribes Army policy, criteria, and administrative instructions concerning award of the AGCM.  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 

and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

10.  That regulation also provides that the NDSM is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.  

CONCLUSIONS:

1.  There is sufficient evidence to show that the applicant was wounded on 10 October 1951 and 1 March 1952 while serving in combat in Korea and that he was treated by medical personnel.

2.  Therefore, it is reasonable to presume that as result of an administrative oversight, he was not awarded the Purple Hearts that he was entitled to receive.  Therefore, it would be in the interest of justice to correct this error at this time.

3.  Additionally, there is sufficient evidence information to show that he was entitled to an award of the NDSM and that he should have been awarded the AGCM for his service during the period of 4 November 1950 and 1 August 1952. Therefore, it would be in the interest of justice to award him the NDSM and the AGCM at this time.

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 awarding the individual concerned the Purple Heart for wounds received in combat while serving in the rank of PFC on 10 October 1951, the Purple Heart first oak cluster (1OLC) for wounds received on 1 March 1952, the AGCM for the period of 4 November 1950 to 4 August 1952, and by showing that he was awarded the NDSM.

BOARD VOTE:  

___mm__  ___jhk __  ___mvt__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John H. Kern ______
		        CHAIRPERSON

INDEX

CASE ID	AR2000050134	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  115	107.0069/NDSM	
3.  102	107.0056/AGCM	
4.		
5.		
6.