PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           6 June 2002                   
	DOCKET NUMBER:  AR2002067450

	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. Lee Cates	R	 Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O'Shaugnessy, 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 entitlement to award of the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

3.  The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 31 March 1971 does not show entitlement to the awards.  He provides a copy of that DD Form 214 in support of his claim.

4.  The applicant’s military records show that he enlisted in the Army on              9 September 1948.  He completed his required training and was awarded military occupational specialty 4055 (General Clerk).

5.  During the period 31 July 1950 to 8 July 1951, he served in the 6th Infantry (Inf) Regiment (Regt) in Korea.

6.  Special Orders Number 173, 6th Inf Regt, dated 22 August 1950, announced award of the CIB to the applicant.

7.  On 23 May 1952, he was honorably separated in the rank of corporal under Army Regulation 615-360, based on the expiration of his term of service.  The CIB is shown as an authorized award on his DD Form 214 for this period of service.

8.  On 12 June 1952, he reenlisted for 6 years.

9.  On 24 May 1954, he was promoted to sergeant in conjunction with his entry into Artillery Officer Candidate School.

10.  On 1 November 1954, he was honorably separated in order to accept a commission.  His DD Form 230 (Service Record) gives evidence that he was awarded the PH for being wounded in action in Korea; however, neither orders nor medical records are available to support this award.

11.  On 2 November 1954, he was commissioned a second lieutenant and continued to serve on active duty until his retirement on 31 March 1971.

12.  General Orders Number 50, United States Army Support Group, Vietnam, dated 22 January 1964, announces award of the PH to the applicant for wounds received in action on 15 January 1964.

13.  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 evidence of record clearly shows the applicant is entitled to award of the PH, as shown in general orders and his records should be corrected accordingly on his DD Form 214, dated 31 March 1971.  There is insufficient evidence to establish entitlement to a second award for his Korean service.

2.  The applicant is entitled to have his award of the CIB added to his DD Form 214, dated 31 March 1971.

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 for the individual concerned be corrected by adding award of the PH and CIB to his DD Form 214, dated 31 March 1971.

BOARD VOTE:  

_sk_____  _jtm____  _teo____    GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Stanley Kelley
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067450	
SUFFIX		
RECON		
DATE BOARDED	20020606	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.