RECORD OF PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            December 4, 2003                  
	DOCKET NUMBER:    AR2003089767

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Kenneth W. Lapin		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, in effect, that his record be corrected to show he was wounded in action twice while serving in Korea and that he is entitled to a second Purple Heart (PH).  

2.  The applicant states, in effect, that he was wounded in action twice while serving in Korea, first on 16 September 1950 and again on 2 November 1950.  He requests that his separation document (DD Form 214) be corrected to show he is entitled to two PHs.  

3.  The applicant provides a copy of a casualty notification (Western Union Telegram) and an extract from a website that contains the history of the unit he served with in Korea.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of the omission of an award that should have been listed on the DD Form 214 he received on 31 August 1976.  The application submitted in this case is dated 15 April 2003.  

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 record shows that he completed 30 years and 18 days of active military service on 31 August 1976, and that he was released from active duty (REFRAD) for the purpose of retirement on that date.  At the time of his separation, he held the rank and pay grade of sergeant major/E-9 and the military occupational specialty (MOS) of 71H (Traffic Management Coordinator).  

4.  An Enlisted Qualification Record (DA Form 20) on file confirms that the applicant served in Korea from 10 August 1950 through 14 September 1951.  Item 40 (Wounds) contains two entries.  The first shows that he was wounded in action when he received a contusion to his right ankle on 16 September 1950.  The second entry indicates that he was wounded in action when he received a concussion on 2 November 1950.  

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of general orders awarding him the PH for the wound he received in action on 
19 September 1950.  However, there are no orders on file awarding him a second PH for the injury he received in action on 2 November 1950.  

6.  The DD Form 214 issued to the applicant on 31 August 1976, the date he was REFRAD for retirement contains a list of the awards he earned while serving on active duty in Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).  This list includes the PH; however, it does not include an Oak Leaf Cluster or second award of the PH.  

7.  The applicant provides a copy of a Western Union Telegram from The Adjutant General of the Army, which notified his mother that he had been slightly injured in action in Korea on 2 November 1950.  

8.  In connection with the processing of this case, a member of the Board staff reviewed the Korean War Casualty Roster.  This search revealed that the applicant’s name was entered on the casualty roster twice.  The first entry confirms he was wounded in action on 16 September 1950 and the second entry verifies that he was wounded in action on 2 November 1950.  

9.  Army Regulation 600-8-22 prescribes the Army’s policy, criteria, and administrative instructions concerning individual military awards. Paragraph 
2-8 contains the policy for award of the PH. It states, in pertinent part, that it is awarded for any wound or injury received as a direct result of or caused by enemy action.  The PH is authorized for the first wound suffered in combat, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was wounded in action twice while serving in Korea was carefully considered and it was found to have merit.  The evidence of record confirms that the applicant was wounded in action twice while serving in Korea.

2.  The Korean War Casualty Roster confirms that the applicant was wounded in action on 16 September 1950 and again on 2 November 1950.  However, the record shows that he was awarded only one PH, for the 16 September 1950 wound.  

3.  In view of the facts of this case, it would be appropriate to award the applicant the 1st Oak Leaf Cluster for his PH based on his being wounded in action in Korea on 2 November 1950, and to add this award to his record.  

BOARD VOTE:

__KL___  __AR___  __WTM___  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 awarding him the Purple Heart 1st Oak Leaf Cluster, for being wounded in action on 2 November 1950, while serving in Korea; and by providing him a corrected separation document that includes this award. 

		Walter T. Morrison
		  CHAIRPERSON

INDEX

CASE ID	AR2003089767	
SUFFIX		
RECON		
DATE BOARDED	2003/12/04	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1976/08/31	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Retirement 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0017	
2.		
3.		
4.		
5.		
6.