PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 September 2001
	DOCKET NUMBER:   AR2001058139

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. Thomas E. O’Shaughnessy		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 request, in effect, that his military records be corrected to show that he was awarded the Purple Heart (PH). 

3.  The applicant states, in effect, that his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) does not reflect the award of the PH that he earned while serving in the Republic of Korea.  In support of his application, he submits a DA Form 1577 (Authorization for Issuance of Awards), a copy of his DD Form 214, and an official statement from The Adjutant General (TAG), which confirms his entitlement to the PH. 

4.  The applicant’s military records show that on 16 September 1969, he was inducted into the Army of the United States for 2 years and that he was trained in military occupational specialty 11B to serve as a light weapons infantryman.  

5.  The applicant’s record also shows that during his active duty tenure he was awarded the Armed Forces Expeditionary Medal, Good Conduct Medal, and National Defense Service Medal and that on 19 April 1971, he was honorably released from active duty, in the rank of specialist/E-4, after having completed a total of 1 year, 7 months, and 4 days of active military service.

6.  The applicant served as an infantryman in Korea with the United States Army Support Group Joint Security Area.  On 12 October 1970, he and 15 fellow soldiers were attacked by 70 hostile North Korean guards and laborers, armed with picks, shovels, and clubs, in the truce village of Pamunjon.  During this action he received extensive bruises and leg abrasions that required medical treatment.  This episode and his medical treatment were made a matter of official record in a TAG message to his parents that notified them of the incident and of the applicant’s injuries.

7.  On 19 October 1970, the applicant received a Letter of Commendation for his actions during the 12 October 1970 action.  It indicated that he had acted without regard to his personal safety and displayed a total dedication to duty.  

8.  On 10 November 1970, a DA Form 1577 was published by TAG that authorized the issue of the PH to the applicant.  Attached to the DA Form 1577 was a PH Certificate and an official TAG statement confirming the applicant’s entitlement to the PH for wounds received in action on 12 October 1970.

9.  Army Regulation 600-8-22 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, required treatment by medical personnel, and was made a matter of official record. 

CONCLUSIONS:

1.  By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound or injury for which the award is being made required treatment by a medical officer and this medical treatment must have been made a matter of official record.

2.  The evidence of record clearly establishes that the applicant required medical treatment for injuries he received in action in Korea on 12 October 1970, when he and 15 fellow soldiers were attacked by North Korean guards and laborers.  Therefore, the Board concludes that the applicant is entitled to have the PH added to his DD Form 214.

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, particularly the DD Form 214 of the individual concerned, be corrected by showing that he was awarded the PH for an injuries he received in action on 12 October 1970, while serving as a specialist four/E-4 in Korea. 

BOARD VOTE:  

__RVO___  __ENA__  __TEO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2001058139	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/27	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.