PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            13 June 2002
	DOCKET NUMBER:   AR2002070438

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman		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 he be awarded a second award of the Purple Heart and his wounds be annotated in his records. 

3.  The applicant states that he was wounded in combat twice while in Korea and was credited for one of the wounds that he received on 15 August 1952; however, he was not credited for the wounds he received on 4 August 1952.  In support of his application he submits a copy of his report of separation (DD Form 214), a copy of the orders awarding him the Bronze Star Medal (BSM) and a copy of the order awarding him the Purple Heart. 

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center In St. Louis, Missouri, which destroyed millions of service records.  However, the documents submitted by the applicant show that he enlisted in Los Angeles, California, on 15 May 1950. 

5.  On 15 August 1952, while assigned to Company K, 15th Infantry, the applicant was wounded in action with the enemy near Chirodong, Korea.  He was awarded the Purple Heart on 27 August 1952.

6.  On 3 March 1953, orders were published which awarded the applicant the BSM with “V” device for heroism in action with the enemy near Chirodong, Korea, on 4 August 1952.  The citation contains language which states that “when ordered to break contact with the enemy, he refused medical aid until the more seriously wounded had been treated.”  It also indicates that he held a hot machine gun barrel with his bare hands while firing on the enemy.

7.  The applicant was discharged under honorable conditions on 22 April 1954 and his DD Form 214 indicates that he was awarded the Purple Heart, the Parachutist Badge, the Combat Infantryman Badge, the United Nations Service Medal, the Army Occupation Medal (Japan), the BSM, and the Korean Service Medal with three bronze service stars.  In item 29, under wounds received as a result of action with enemy forces, it indicates that he received burns and concussion on 15 August 1952. 

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was a result of hostile action, that the wound/injury must have required treatment by a medical officer, and that the medical treatment was made a matter of official record. 

CONCLUSIONS:

1.  While the order that awarded the applicant the BSM with “V” Device clearly indicates that the applicant was injured in combat against the enemy, the Board cannot determine, with any degree of certainty, exactly what wounds or injuries the applicant sustained, therefore, it would be inappropriate to enter a type of wound or injury on his records that is not substantiated.  However, the applicant is clearly entitled to another award of the Purple Heart.

2.  Additionally, the Board also notes that his DD Form 214 only shows that he was awarded the BSM, when in fact, he was awarded the BSM with “V” Device.  Accordingly, it would be in the interest to correct that administrative oversight at this time.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned a Purple Heart 1st Oak Leaf Cluster, to denote his second award of the Purple Heart for wounds/injuries received in Korea on 4 August 1952 and by correcting his records to reflect his award of the BSM with “V” Device.  

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

BOARD VOTE:  

___cla___  ___be___  ___dh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002070430	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.