PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 June 2002       
	DOCKET NUMBER:   AR2002070380

	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. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Thomas Lanyi		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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).    

3.  The applicant states, in effect, that he was wounded in combat on two occasions in Korea.  He contends that these wounds are shown on his DD Form 214 in item 29 (Wounds Received as a Result of Action with Enemy Forces); however, item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbon Awarded or Authorized) does not show any award of the Purple Heart.  In support of his application, he submits a copy of his DD Form 214.  

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 was inducted on 
29 November 1950.  He served in Korea and was honorably discharged on 
9 September 1952.  

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  However, item 29 (Wound Received as a Result of Action with Enemy Forces) shows the entries, “28 June 51 Kumwha Korea” and 23 July 51 Kumwha Korea.” 

6.  The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 28 June 1951 and on 23 July 1951 in Korea for wounds sustained as the direct result of enemy action. 

7.  The applicant’s DD Form 214 shows entitlement to award of the Korean Service Medal with three bronze service stars, the Combat Infantryman Badge and the United Nations Service Medal.

8.  There is no evidence in the available records that the applicant was recommended for or received the first award of the Good Conduct Medal.  There also is no indication in the available records that he was disqualified from receiving this award.

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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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.  

11.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

CONCLUSIONS:

1.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 shows that he was wounded by enemy forces on 
28 June 1951 and on 23 July 1951 in Korea.

2.  Medical evidence of record also shows the applicant was wounded in action on 28 June 1951 and on 23 July 1951 in Korea.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart with First Oak Leaf Cluster. 

3.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 29 November 1950 to 9 September 1952 ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his military records to show this award.

4.  The applicant is entitled to award of the National Defense Service Medal for his honorable service from 29 November 1950 through 9 September 1952.  Therefore, his military records should be corrected to show this medal.  

5.  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 showing that the individual concerned was awarded the Purple Heart with 

First Oak Leaf Cluster, the Good Conduct Medal and the National Defense Service Medal.

BOARD VOTE:  

JNS____  EJA_____  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002070380	
SUFFIX		
RECON		
DATE BOARDED	20020625	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.	107.0069	
4.		
5.		
6.