PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           8 November 2001
	DOCKET NUMBER:   AR2001059329

	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. Carolyn G. Wade		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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect that he was awarded the Purple Heart (PH).  He requests a personal appearance before this Board.

3.  The applicant states, in effect, that he received a gunshot and shrapnel wounds in a battle with Chinese forces.  He was captured and was a prisoner of war (POW) until he was repatriated on 30 August 1953.  During separation processing at Fort Sheridan, Illinois, he was awarded the PH.

4.  In support of his application, the applicant submitted a photo of his PH with his name engraved on the back.  He also submitted a Department of Veteran Affairs (VA) record -- VA Form 21-6763 (Reduced Disability Compensation) -- reflecting a service-connected gunshot wound to his back.

5.  The applicant's military records were lost or destroyed in the National Personnel Records Center (NPRC) fire of 1973.  Information herein was obtained from the applicant's DD Form 214 and documents submitted by the applicant.

6.  The applicant served in the Regular Army from 29 December 1948 until he was honorably discharged on 31 October 1953 as a Sergeant First Class.  During the Korean War, he was assigned to the 555th Field Artillery Battalion.  He was captured by Chinese forces and was a POW from 26 April 1951 to 30 August 1953.

7.  On 31 October 1953, the applicant was separated with an honorable discharge by reason of expiration of term of service (ETS).  He had 4 years, 10 months, and 4 days of creditable military service.  His DD Form 214 reflects the following awards:  Korean Service Medal with 3 Bronze Service Stars, United Nations Service Medal, and National Defense Service Medal.

8.  On 12 April 2000, the applicant wrote his congressman requesting assistance in obtaining the medals to which he was entitled, especially the POW Medal.  The request was routed to the NPRC, St. Louis, Missouri.

9.  On 21 July 2000, the NPRC completed DA Form 1577 (Authorization for Issuance of Awards) authorizing issuance of the following awards:  POW Medal, Good Conduct Medal, National Defense Service Medal, Korean Service Medal, and United Nations Service Medal.  The applicant was advised that issuance of the PH was not within the authority of the NPRC.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound 
was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.
CONCLUSIONS:

1.  The record reflects that the applicant served in Korea during the Korean War and that enemy forces captured him.  He contends that during his capture he was wounded in the back.  He provides a VA Form 21-6763 showing that he was awarded disability compensation for a "gunshot wound of back."  The Board accepts this information as proof of the applicant's entitlement to the PH.

2.  The applicant's DD Form 214 does not reflect all of the awards that he is authorized.  In addition to the PH, it does not reflect the POW Medal or the Good Conduct Medal.

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 issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) reflecting that he was awarded the PH, the POW Medal, and Good Conduct Medal.

BOARD VOTE:  

__FNE___  __BJE___  __KYF__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		       _Fred N. Eichorn          _
		        CHAIRPERSON

INDEX

CASE ID	AR2001059329	
SUFFIX		
RECON		
DATE BOARDED	20011108	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19531031	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.