PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 May 2002        
	DOCKET NUMBER:   AR2002067072

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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 award of the Purple Heart.

3.  The applicant states, in effect, that he was wounded in action in Korea in January 1951.  He also contends that he received medical treatment for his injury.  In support of his application, he submits VA Form 21-4138 (Statement in Support of Claim), dated 18 September 2001; a DD Form 149 (Application for Correction of Military Record), dated 12 September 1997; a letter from a Member of Congress, dated 11 September 2000; a letter from the National Personnel Records Center, dated 11 September 2001; 13 Morning Reports; Department of Veterans Affairs documentation, dated 21 August 1998, 20 July 2000 and 
11 September 2000; and a newspaper article, dated 20 February 1951.

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 19 July 1950 for a period of 3 years.  He served as an infantryman in Korea and was honorably discharged on 9 July 1953. 

5.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show the Purple Heart as an authorized award.

6.  There are no orders for the Purple Heart in the available records.  However, in support of his claim for award of the Purple Heart, the applicant provided a Morning Report, dated 31 January 1951, which shows he was absent-sick effective 28 January 1951.  He provided a roster, dated 29 January 1951, which shows that he was sent to the U.S. Naval Hospital Ship Consolation for surgery due to a laceration on his right hand.  He also provided a patient register which shows his name and the entry, “W/L [wounded lightly] Rt Hand”.  He further provided a Morning Report, dated 11 March 1951, which shows he was evacuated to a hospital in Japan on 9 February 1951.  The applicant provided a newspaper article, dated 20 February 1951, which states his parents were notified by telegram that he was “slightly wounded” in Korea on 27 January 1951. 

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean conflict.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 19 September 1950 to 31 July 1952 by Department of the Army General Orders Number 41-55. 

 9.  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.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

CONCLUSIONS:

1.  The applicant provided evidence which shows that while serving as an infantryman in Korea he was “wounded lightly” on 27 January 1951.  Records show that he sustained a laceration to his right hand which required medical treatment.  Therefore, the Board finds this sufficient as a basis for award of the Purple Heart in this case.  Therefore, the applicant’s military records should be corrected to show award of the Purple Heart for wounds sustained as a result of hostile action on 27 January 1951 in Korea. 

2.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 19 July 1950 to 9 July 1953 ending with termination of a period of Federal military service.   Therefore, the applicant is entitled to correction of his records to show this award.

3.  The applicant’s unit received the Republic of Korea Presidential Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his records to show this unit citation. 
   
4.  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:

a.  by adding the entries, “Purple Heart”, “Good Conduct Medal” and “Republic of Korea Presidential Unit Citation” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; 

b.  deleting the entry, “NONE” in item 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214; and

c.  by adding the entry, “Korea, 27 January 1951” in item 29 on his DD Form 214.

BOARD VOTE:  

FNE___  WTM____  CJP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002067072	
SUFFIX		
RECON		
DATE BOARDED	20020502	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.