PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 April 2002
	DOCKET NUMBER:   AR2002069058

	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:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Charles Gainor		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 his military records be corrected to show award of the Purple Heart (PH).  

3.  The applicant states, in effect, that Item 29 (Wounds) of his separation document (DD Form 214) shows that he was wounded in combat.  However, Item 27 (Decorations) does not show the PH as an authorized award.  In support of his application, he submits a copy of his DD Form 214.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s DD Form 214.

5.  The applicant’s DD Form 214 shows that he was inducted into the Army on
3 November 1950, and was trained in military occupational specialty (MOS) 4745 (Light Truck Driver).  He served on active duty for 1 year, 10 months, and 
13 days and was awarded the Combat Infantryman Badge and the Korean Service Medal with 1 bronze service star.  

6.  On 15 September 1952, he was honorably released from active duty (REFRAD) in the rank of private first class.  Item 29 (Wounds) of his DD Form 214 confirms that he received a wound to the right side of his chest and the left side of his head as a result of action with enemy forces in Korea on 
21 September 1951.  However, the list of authorized awards in contained in Item 29 does not include the PH. 

7.  Army Regulation 600-8-22 provides, in pertinent part, that the PH 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. 

8.  Chapter 4 contains guidance on the award of the Army Good Conduct Medal (AGCM) and it states, in pertinent part, that this award is authorized to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  For the first award only, a period of 1 or more years is a qualifying period if it is awarded at the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified, and current practice requires that unit commanders provide written notice of non-favorable consideration and allow individuals the opportunity to respond/rebut the reason for denial of the award.

CONCLUSIONS:

1.  The applicant’s DD Form 214 confirms that was wounded in the right side of his chest and the left side of his head as a result of action with enemy forces in Korea on 21 September 1951.  In the opinion of the Board this satisfies the regulatory burden of proof necessary to support awarding the PH.  Thus, the Board concludes it would be appropriate to award the applicant the PH at this time. 

2.  Lacking derogatory information in his OMPF or a specific disqualification by any of the unit commanders for which he served, the Board concludes it would also be appropriate to award the applicant the first award of the AGCM, based on his completing a period of qualifying service upon his separation from active duty on 31 December 1952.

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 be corrected by awarding the individual concerned the Purple Heart for being wounded in action on 21 September 1951, while serving as a private first class in Korea; awarding him the first award of the Army Good Conduct Medal, for his honorable active duty service from 3 November 1950 through 15 September 1952; and providing him a corrected separation document that includes these awards.

BOARD VOTE:  

    JHL         GDP            CG         GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		       JoAnn H. Langston
		        CHAIRPERSON

INDEX

CASE ID	AR2002069058	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/25	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.		
4.		
5.		
6.