PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:              27 September 2001 
	DOCKET NUMBER:     AR2001057448

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Eric N. Anderson		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		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 records of her late husband, a former service member (FSM), be corrected to show that he was awarded the Purple Heart (PH).

3.  The applicant states that the DD Form 214 (Report of Separation from the Armed Forces of the United States) should indicate award of the PH.  She provides copies of the DD Form 214, a copy of WDAGO Form 8-24, dated        13 February 1953, Veterans Administration documents and a copy of the FSM’s death certificate.

4.  The applicant’s military records were partially destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from those records and alternate sources.

5.  On 6 October 1950, the FSM enlisted in the Army.  He completed his required training and was awarded military occupational specialty 3729 (Light Truck Driver).  

6.  During the period 15 September 1951 to 29 July 1952, the FSM served in the Republic of Korea.

7.  On 11 July 1952, he was promoted to sergeant.  

8.  On an unspecified date, he accepted nonjudicial punishment under Article 15, Uniform code of Military Justice for being absent without leave on 23 August 1953.  His punishment was a reduction to corporal. 

9.  On 13 February 1953, medical records show that the FSM had a shell explode near him in May 1952.  At the time, medical personnel probed the wound and could not detect any foreign bodies.  Later, an X-Ray showed a small foreign body present.  Removal was scheduled for the following Monday, 16 February 1953.

10.  On 6 October 1953, the FSM was honorably separated under Army Regulation 615-360, based on the expiration of his term of service.  His separation document indicates he had 3 years of creditable service.  He was entitled to award of the Combat Infantryman Badge, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the Army of Occupation Medal (Germany), the National Defense Service Medal and one overseas bar.

11.  On 28 December 1953, the Veterans Administration attempted to locate medical records to verify the FSM’s allegation that he was treated for shrapnel in the abdomen in May 1952.  There were no records located to verify a wound.

12.  Army Regulation 600-8-22  (Military Awards) provides, in pertinent part, that the PH 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 preponderance of the evidence shows the FSM received a shrapnel wound to the abdomen in May 1952 and his wound was treated and documented by medical personnel; therefore, his records should be corrected to show award of the PH.

2.  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 showing the FSM was awarded the PH for wounds received in February 1952, in the Republic of Korea 

BOARD VOTE:  

_rvo_____  _teo___  _ena____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		  Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001057448	
SUFFIX		
RECON		
DATE BOARDED	20010927	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES        1.	107.0015	
2.		
3.		
4.		
5.		
6.