PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 August 2001
	DOCKET NUMBER:   AR2001060378

	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. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, 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 his records be corrected to show that he was awarded the Purple Heart.

3.  The applicant states that he believes that he was awarded the Purple Heart and that it should be reflected on his report of separation (DD Form 214).  He further states that he was treated on a ship (U.S.S. Constellation) in the Spring of 1951 and again at Tokyo General Hospital in the Summer of 1951.

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri which destroyed millions of service records.  However, information contained from reconstructed records show that he enlisted on 27 February 1948 for a period of 3 years 

5.  His records show that he served 3 years, 4 months and 4 days of foreign service and was awarded the Combat Infantryman Badge, the Korean Service Medal with one bronze service star and the Army Occupation Medal (Japan).

6.  He was honorably discharged on 29 February 1952 in the rank of private (E-2) and his DD Form 214 indicates that he had no wounds received as a result of action with the enemy.

7.  On 25 July 1984 the Adjutant General of the Army issued an authorization to award the applicant the Purple Heart for wounds received in action in Korea (date unknown), based on a search of morning report entries showing that the applicant was lightly wounded in action.  There is no indication that the award was ever added to his DD Form 214. 

8.  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.

9.  Army Regulation 600-8-22 provides the criteria for awards of the NDSM and the Asiatic-Pacific Campaign Medal.  It states, in pertinent part, that the NDSM was established by Executive Order 10448, 22 April 1953, as amended by Executive Order 11265, 11 January 1966 and Executive Order 12776, 18 October 1991.  It is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between 1 January 1961 and 14 August 1974, both dates inclusive, and 2 August 1990 and 30 November 1995, both dates inclusive.

CONCLUSIONS:

1.  Although the award of the NDSM was not enacted until 1953, after his discharge from the service, he was entitled to receive that award.  Accordingly, it would be in the interest of justice to award him the NDSM at this time and to correct his records accordingly. 

2.  Additionally, it appears that an administrative oversight resulted in his records not being corrected to reflect his award of the Purple Heart when it was awarded in 1984.  Therefore it would be appropriate to do so at this time.

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 awarding the individual concerned the NDSM and by showing that he was awarded the Purple Heart.

BOARD VOTE:  

__dh____  ___js____  ___rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2001060378	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.  115	107.0069/NDSM	
4.		
5.		
6.