PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            14 August 2003
	DOCKET NUMBER:   AR2003087018

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Linda M. Barker		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 her deceased husband, a former service member (FSM) be awarded the Purple Heart for wounds he sustained in combat on 14 July 1951, while serving in Korea.

3.  The applicant states, in effect, that her husband was wounded in combat in Korea on 14 July 1951 and never received the Purple Heart for his wound.  She goes on to state that he never spoke of his experiences in the war; however, he earned the Purple Heart and she desires to have it awarded to him.  In support of her application she submits a copy of her husband's death certificate and a copy of his report of separation.  Her counsel supports her application and suggests that the awards be presented to the applicant, the FSM's widow.

4.  The FSM’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, information obtained from the FSM's DD Form 214 as well as information obtained from alternate sources show that the FSM was inducted in Minneapolis, Minnesota, on 24 November 1950.

5.  On 14 July 1951, the FSM was wounded by shrapnel to the right arm.  He was treated and hospitalized for approximately 3 weeks before being returned to duty.  There is no indication that he was awarded the Purple Heart for his wounds.

6.  He was promoted to the rank of sergeant on 22 January 1952 and on 28 August 1952, he was honorably released from active duty and was transferred to the Enlisted Reserve Corps (now known as the United States Army Reserve).  He had served 1 year, 9 months and 5 days of total active service and was awarded the Combat Infantryman Badge, the Silver Star, the Korean Service Medal with one bronze service star and the United Nations Service Medal.  He had no lost time.

7.  The FSM died on 20 July 1999 and was survived by his wife, the applicant in this case.

8.  Army Regulation 600-8-22 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

9.  That regulation also prescribes Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

10.  Army Regulation 600-8-22 also provides, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates are inclusive.

CONCLUSIONS:

1.  The evidence of record clearly establishes that the FSM was in fact wounded in action against the enemy in Korea on 14 July 1951 and was treated for his wounds.  However, there is no evidence to show that he was ever awarded the Purple Heart to which he was entitled.  Accordingly, the Board finds that it would be in the interest of justice to award the FSM a Purple Heart and that it be provided to the applicant. 

2.  Additionally, while the records are very limited in this case, the Board finds that given his exemplary record and the fact that he had no bad time, it is reasonable to presume that the absence of an award of the AGCM was the result of an administrative error and not that of a commander denying him the AGCM at separation.  Therefore, the Board finds that he should be awarded the AGCM for his service during the period of 29 November 1950 through 28 August 1952.

3.  The Board also finds that he was authorized the award of the NDSM for his service and directs that he also be awarded that award as well.

4.  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:

a.  by awarding the FSM the Purple Heart for wounds received on 14 July 1951, in action against the enemy in Korea and that it be provided to the applicant.

b.  by awarding the FSM the AGCM for the period of 29 November 1950 through 28 August 1952; and

c.  by awarding the FSM the NDSM for his service. 
 
BOARD VOTE:  

___ja ___  ___lb ___  __rvo ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2003087018	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/08/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  115	107.0069/NDSM	
3.  102	107.0056/AGCM	
4.		
5.		
6.