PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 March 2001                  
	DOCKET NUMBER:   AR2000050234

	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. 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 in effect, that his Report of Separation from the Armed Forces of the United States (DD Form 214) be corrected to show the award of the Purple Heart.

3.  The applicant states in effect, that his DD Form 214, block 29 (Wounds Received as a Result of Action with Enemy Forces) shows that he was wounded as a result of combat action while stationed in the Korea.  However, block 
27 (Decorations, Medals, Badges etc.) does not show that he was awarded the 
Purple Heart. The applicant submits a copy of his DD Form 214, in support of his application.

4.  The applicant’s military record shows that he was inducted into the Army on 14 February 1951 for two years.  His military record and his DD Form 214, shows that he held military occupational specialty 2356 (Laborer).  The applicant’s Service Record shows his character and efficiency ratings throughout his period of service as “excellent”.

5.  His record shows that on 18 August 1951, while serving in Korea the applicant received shrapnel wounds to his left side (jaw, left arm, left shoulder, left leg and hip).  His record also shows that he was treated for his injuries in Pusan, Korea transferred to Camp Cook, California, for further treatment from September 
1951 to September 1952 for shrapnel wounds and for malaria.  His DD Form 214, block 29 shows that the applicant was wounded while engaged in combat action.

6. On 20 November 1952, the applicant was honorably discharged from active duty.  He completed 1 year, 9 months and 3 day of creditable active service.  His DD Form 214, shows that he was awarded the Combat Infantryman Badge and the Korean Service Medal.  It does not show the award of the Purple Heart or the Army Good Conduct Medal.

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

8.  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 soldiers 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 shows that he was wounded as a result of hostile action on 18 August 1951 while in Korea.  Therefore, he is entitled to the Purple Heart award.

2.  The evidence of record shows that the applicant was entitled to the first award of the Army Good Conduct Medal for the period 14 February 1951 to 
20 November 1952 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:

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 Purple Heart and the Army Good Conduct Medal for the period 14 February 
1951 to 20 November 1952.

BOARD VOTE:  

__jhk___  __clg___  __rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John H. Kern
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000050234	
SUFFIX		
RECON		
DATE BOARDED	20010301	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.