PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 25 October 2001             
	DOCKET NUMBER:        AR2001060533

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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 two awards of the Purple Heart (correctly known as Purple Heart (First Oak Leaf Cluster)) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

3.  The applicant states that his two Purple Hearts are not on his record of separation.  In support of his application, he submits a copy of his DD Form 214 and orders awarding him one award of the Purple Heart.

4.  The applicant’s military records show that he entered active duty on 14 January 1949.  He completed training as a field wireman and served in Korea from 16 September 1950 through 24 June 1951.  The applicant was honorably discharged from active duty on 9 June 1952. 

5.  The applicant’s DD Form 214 does not show any award of the Purple Heart as an authorized award.

6.  The applicant provided a copy of 35th Station Hospital General Order Number 24, dated 23 December 1950, which awarded him one award of the Purple Heart for wounds sustained on 8 December 1950 during the Korean War. However, there are no orders in his records which show that he was awarded the second award of the Purple Heart.  There also is no evidence in his records that he was injured or wounded a second time as a result of hostile action in Korea.  

7.  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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

CONCLUSIONS:

1.  Orders show the applicant was awarded the Purple Heart for wounds sustained in Korea on 8 December 1950. 

2.  Notwithstanding the applicant’s contention that he was awarded two Purple Hearts, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds due to hostile action on a second occasion.  Therefore, the applicant is entitled to correction of his DD Form 214 to show one award of the Purple Heart.

3.  Based on paragraph 1, above, the applicant is entitled to correction of 
item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 to show the entry “Korea 8 December 1950”.
4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to the individual concerned be corrected:

a.  by showing he was awarded the Purple Heart; and 

b.  by showing the entry “Korea 8 December 1950” in item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

RJW_____  REB____  KAN____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond J. Wagner_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001060533	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011025 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.