PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 April 2002
	DOCKET NUMBER:   AR2002066914

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		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, in effect, that he be awarded the Purple Heart (PH).

3.  The applicant states, in effect, that he should be awarded the PH based on his suffering a concussion and perforation of his left tympanic membrane while serving during combat in Korea.  In support of his application, he submits a Department of Veterans Affairs (VA) disability rating decision, dated 8 July 2000, his separation document (DD Form 214), and a copy of his Honorable Discharge Certificate. 

4.  The applicant's military records show that he served on active duty for 5 years and 1 day, from 11 May 1948 through 11 May 1953, at which time he was honorably discharged in the rank of sergeant first class (SFC).  

5.  The applicant’s Service Record (DA Form 24) confirms that the highest rank he attained while serving on active duty was SFC and that he trained and served in military occupational specialty (MOS) 1812 (Light Weapons Infantryman).  The DA Form 24 also shows that the applicant served in Korea from 19 September 1950 through 7 July 1951, and that during his active duty tenure he earned the following awards:  United Nations Service Medal; Army of Occupation Medal with Japan Clasp; Combat Infantryman Badge; Korean Service Medal with 3 bronze service stars; and Republic of Korea Presidential Unit Citation.  

6.  However, Section 8 (Wounds Received Through Enemy Action) of the 
DA Form 24 is blank, which would indicate that the applicant was not wounded in action during the period of active duty covered by the Service Record.  In addition, there are no orders or other documents contained in the applicant’s Military Personnel Records Jacket (MPRJ) that give any indication that he was wounded in action during his service in Korea or that he was entitled to or awarded the PH.  

7.  In addition, the applicant’s Service Record and MPRJ contain no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served during his tenure on active duty.

8.  A Report of Medical Examination (SF 88) on file documents the separation physical examination the applicant took on 9 May 1953.  This form does indicate that the applicant suffered a right ear drum perforation; however, it does not indicate when and where he suffered this injury.  

9.  On 11 May 1953, the applicant was honorably discharged after completing a total of 5 years and 1 day of active military service.  He was issued and authenticated a DD Form 214 on the date of his separation.  This separation document confirms that he earned the awards listed in his Service Record. However, it does not list the PH as an authorized award nor does it give any indication that he was ever wounded in action.  

10.  A VA rating decision letter, dated 8 July 2001, issued by the VA Regional Office, Jackson, Mississippi, awarded the applicant a service connected disability for a perforation, left tympanic membrane, healed, with hearing loss.  This document does indicate that the applicant incurred this injury during combat in Korea.  

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.  

12.  Paragraph 2-8b defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  Paragraph 2-8b (4) provides examples of enemy related injuries that clearly justify award of the PH and 
sub-paragraph (b) contains the specific example “concussion injuries caused as a result of enemy generated explosions.”

13.  Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service.  There is no automatic entitlement to the AGCM; however, disqualification must be justified.

CONCLUSIONS:

1.  Notwithstanding the contention of the applicant, after carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board finds an insufficient evidentiary basis on which to support awarding the PH.  
2.  The evidence of record verifies that the applicant’s suffered a ear drum perforation, however, it does not provide confirmation that this injury was received as a result of action against the enemy.  In the opinion of the Board, since the applicant was treated for this injury by military medical personnel, had there been sufficient medical evidence to support his receiving the PH, it would have been recommended at the time of his treatment.  Thus, while the Board wishes to commend the applicant on his exemplary service in defense of his country, it is compelled to deny the requested PH.

3.  Lacking any derogatory information on file in the applicant’s record or a specific disqualifying action from any of his unit commanders, the Board concludes the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM.  Therefore, the Board finds that it would be appropriate to add this award to his records at this time.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Army Good Conduct Medal for his honorable service from 11 May 1948 to 11 May 1953; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:  

__RVO__  __RJW__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Raymond V. O'Connor, Jr.___
		              CHAIRPERSON

INDEX

CASE ID	AR20021066914	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/09	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(Partial Relief )	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.