PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 April 2001     
	DOCKET NUMBER:   AR2001052905

	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:

	Ms. Sherri V. Ward		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. James E. Anderholm		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 two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).

3.  The applicant states, in effect, that he sustained combat injuries to his left arm from a mortar round and to his left leg from a hand grenade in Korea.  In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a Radiology Report, dated 
23 March 2000.

4.  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
26 August 1949.  He served as an infantryman in Korea and was honorably discharged on 2 October 1952.

5.  The applicant’s DD Form 214 does not show any award of the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214 shows the entry “N/A” [not applicable]. 

6.  The available records contain information from the Hospital Admission Cards created by the Office of the Surgeon General, Department of the Army (1942-1945 and 1950-1954) which indicates the applicant was hospitalized for a leg wound as a direct result of enemy action on 30 March 1951 in Korea.                 

7.  There is no evidence in the available records which shows the applicant was wounded a second time as a result of hostile action during the Korean War.

8.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

CONCLUSIONS:

1.  Medical evidence of record shows the applicant was wounded on 30 March 1951 as a result of hostile action in Korea.

2.  The Board considered the applicant’s contention that he was wounded on two occasions during the Korean War.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action in Korea on more than one occasion.  Therefore, the applicant is entitled to correction of his military records to show only one 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 Purple Heart for wounds sustained on 30 March 1951 in Korea.

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

BOARD VOTE:  

SVW___  GDP____  JEA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Sherri V. Ward_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001052905	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19521002	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.