PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 November 2001
	DOCKET NUMBER:   AR2001058515

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 he be awarded the Purple Heart, that he be issued medal sets for the Purple Heart and Bronze Star Medal (BSM) and that his records be corrected to reflect those awards. 

3.  The applicant states, in effect, that he was wounded in combat in Korea and should have been awarded the Purple Heart.  He also states that he was awarded the BSM and never received the actual medal because he departed his unit and the award never caught up with him.  In support of his application he submits a copy of a WDAGO Form 8-26 showing he was wounded and a copy of the orders awarding him the BSM. 

4.  The applicant’s military records were partially destroyed in the 1973 fire at the National Personnel records Center in St. Louis, Missouri that destroyed millions of service records.  However, the surviving records show that he was inducted on 27 November 1951.

5.  He successfully completed his training and was transferred to Korea on 2 June 1952.  He was assigned to A Company, 35th Infantry, was advanced to the rank of private first class on 12 July 1952 and was wounded in action on 22 August 1952.  He received fragmentation wounds to the left arm from an enemy mortar attack at 1000 hours.  He was treated at a medical collection station and was returned to duty.

6.  He was advanced to the rank of corporal on 18 March 1953 and departed Korea on 28 May 1953.  He was transferred to Fort Meade, Maryland where he remained until he was honorably released from active duty on 26 August 1953 and was transferred to the United States Army Reserve to complete his statutory service obligation.

7.  Meanwhile, on 12 May 1953, General Orders number 162, published by the 25th Infantry Division awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against an enemy of the United States during the period of 10 June 1952 to 1 May 1953.  The orders as well as the recommendation for the award are contained in his records, but were not annotated to his personnel records.

8.  The report of separation (DD Form 214) issued to the applicant at the time of his separation indicates that he was awarded the Combat Infantryman Badge, the United nations Service Medal, the Korean Service Medal with two bronze service stars and the Good Conduct Medal.  He had served 1 year and 9 months of active service of which 1 year and 1 month was spent overseas.

9.  There is no indication in the available records to show that he was ever awarded the Purple Heart for his wounds or that he was ever presented the BSM.

10.  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.

CONCLUSIONS:

1.  There is sufficient evidence to show that the applicant was wounded in combat on 22 August 1952 while serving as a private first class 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 Heart that he was entitled to receive.  Accordingly, 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 awarded the BSM for meritorious service.  However, there is no evidence to suggest that it was ever presented to him.  Therefore, it would be in the interest of justice to issue him the BSM Medal set 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 action against the enemy in Korea on 22 August 1952 while serving in the rank of private first class and by issuing him a BSM Medal set for his award of the BSM, with his records corrected accordingly.

BOARD VOTE:  

___fe ___  ___be___  ___kf ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058515	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  60	107.0014/BSM	
3.  189	110.0000/CORR 214	
4.		
5.		
6.