RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  16 December 2003
	DOCKET NUMBER:  AR2003087419

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. John N. Slone		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests award of the Purple Heart.

2.  The applicant states that he should have been awarded the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error, which occurred on 18 April 1955, the date of his discharge.  The application submitted in this case is dated 14 November 2002.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he had over 2 years and 2 months prior service before he reenlisted in the pay grade of E-3 in Japan.

4.  The only available record of hospitalization or other medical treatment is a hospital admission record from 10 September 1950 while the applicant was assigned to Korea in the 64th Field Artillery Battalion.  The record shows that he was treated for a non-battle illness and medically evacuated to Japan for 15 days treatment.

5.  The applicant's separation medical examination of 6 April 1955 makes no mention of any hospitalization, wounds, or other significant medical history.  His name does not appear on the Korean War Casualty List.

6.  His DD Form 214 shows that he was discharged as a supply clerk under honorable conditions in the pay grade of E-2 effective 18 April 1955.  He had 5 years, 10 months, and 20 days creditable service and 186 days of lost time.  The Purple Heart is not shown as an authorized award.

7.  Block 29 (Wounds Received as a Result of Actions with Enemy Forces) of his DD Form 214 contains the entries:  "Gun Shot Wound Left Leg, Korea, 12 May 51" and "Shrapnel Wound Left eye, Korea, 12 May 1951."
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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

Although there are no military medical records available that show the applicant was wounded and treated for wounds as a result of enemy action, the entries pertaining to wounds received in Korea on 12 May 1951 appear sufficient to authorize an award of the Purple Heart.

BOARD VOTE:

___sc___  ___sp___  __js____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart for wounds received as a result of enemy action on 12 May 1951.

		___Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2003087419	
SUFFIX		
RECON		
DATE BOARDED	20031216	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.