PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 December 2001    
	DOCKET NUMBER:   AR2001062488

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Andersen		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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

3.  The applicant states that he was wounded in the right leg on 6 September 1950 while stationed in Korea.  In support of his application, he submits a copy of his DD Form 214. 

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 
13 August 1948.  He served as a light vehicle driver in Korea and was honorably discharged on 5 May 1952.  

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  However, item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry “Wounded by sharpnel [sic] in the right leg 
6 Sep [September] 1950 Korea”.

6.  Army Regulation 600-8-22 (Military Awards) 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.

CONCLUSIONS:

1.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  However, his DD Form 214 does show that he was wounded in action on 6 September 1950 in Korea.  Therefore, the applicant is entitled to correction of his military records to show award of the Purple Heart. 

2.  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 showing that the individual concerned was awarded the Purple Heart for 

wounds received as a result of action with enemy forces on 6 September 1950 in Korea. 

BOARD VOTE:  

JL_____  MKP____  ENA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Joann Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2001062488	
SUFFIX		
RECON		
DATE BOARDED	20011204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.