PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 June 2002                   
	DOCKET NUMBER:   AR2002070360

	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. Raymond V. O’Connor		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 reconsideration of his previous application to correct his military records by upgrading his undesirable discharge to general.  He also submitted a request for award of the Purple Heart which is a new issue not previously considered by the Army Board for Correction of Military Records (ABCMR). 

3.  In a letter provided by the Disabled American Veterans in Louisville, Kentucky, counsel states that the applicant indicated that following his service in Korea he suffered from “shell shock” which impaired his judgment.  The applicant indicated that his father was ill and his repeated absences without leave (AWOL) were so that he could assist his father.  The applicant also contends that he was wounded in action in Korea.  

4.  Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect consideration of Docket Number AC85-08552 by the ABCMR on 23 April 1986.

5.  The applicant provided a copy of his Certification of Military Service issued on 8 November 1986; Morning Reports, dated 26 September 1950 and 17 October 1950; and several personnel records.

6.  The applicant also provided a letter, dated 8 March 2002, from the Disabled American Veterans in Louisville, Kentucky, supporting his application.  

7.  The applicant also provided a document, dated 26 September 1950, which shows he was lightly wounded in action on 26 September 1950 in Korea.  The applicant’s name appears on the Korean Casualty File which shows he was wounded on 26 September 1950 and evacuated for further medical treatment.   

8.  The documents submitted by the applicant are new evidence which will be considered by the Board.

9.  The Board noted that 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.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry, “None.” 

10.  Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided, in pertinent part, for the separation of personnel for the following reasons:  (1) gives evidence of habits or traits of character manifested by antisocial or amoral trend, chronic alcoholism, criminalism, drug addiction, pathological lying, homosexuality, sexual perversion, or misconduct; (2) unclean habits, including repeated venereal infections; (3) repeatedly committed petty offenses not warranting trial by court-martial; (4) habitual shirker; and (4) recommended for discharge by a board of medical examiners, not because of a physical or mental disability, but because he possesses a psychopathic (antisocial) personality disorder or defect, or is classified as having “no disease” by the board, and his record of service reveals frequent disciplinary actions because of infractions of regulations and commission of offenses, and/or it is clearly evident his complaints are unfounded and are made with the intent of avoiding service.  The regulation also provided that when discharged because of unfitness an undesirable discharge will be furnished.   

11.  Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the soldier’s separation specifically allows such characterization.

12.  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 Board considered the applicant’s contention that his judgment was impaired following his service in Korea because he suffered from “shell shock.”  However, there is no medical evidence of record, and the applicant has provided no medical evidence, to support this contention.

2.  The Board also considered the applicant’s contention that his father was ill and his repeated AWOL’s were so that he could assist his father.  However, these matters are not grounds for upgrading his discharge.      

3.  The Board reviewed the applicant’s record of service which included six court-martial convictions and 526 days of lost time and determined that his record of service was not satisfactory.  

4.  Based on the foregoing, this Board determined that there is no basis to overturn the decision of the ABCMR on 23 April 1986 which denied upgrade of the applicant’s undesirable discharge to a general discharge.  In review of the applicant’s record, there also is no basis for this Board to upgrade the applicant’s undesirable discharge to a general discharge at this time.  

5.  The applicant provided evidence of record which shows he was wounded in action on 26 September 1950 in Korea.  Therefore, the Board determined that there is sufficient evidence on which to base award of the Purple Heart in this case.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by adding the entry “Purple Heart” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbon Awarded or Authorized) on the DD Form 214 of the individual concerned; 

	b.  by deleting the entry, “None” in item 29 (Wounds Received as a Result of Action with Enemy Forces); and 

	c.  by adding the entry, “Korea, 26 September 1950” in item 29 on his DD Form 214.  	

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

BOARD VOTE:

RVO___  RWA____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2002070360	
SUFFIX		
RECON	Yes – original application reviewed by ABCMR on 19860423	
DATE BOARDED	20020620	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19530629	
DISCHARGE AUTHORITY	615-368	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES          1.	110.0200	
2.	107.0015	
3.		
4.		
5.		
6.