PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            2 March 2000  
	DOCKET NUMBER:   AR1999030322

	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.  

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Edwin A. Castle		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Ms. Debra Williams		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 item 29 (wounds) on his DD Form 214 be corrected to also show that he sustained shell fragment wounds to his left leg and left ankle joint.

3.  Records available to the Board indicate the applicant entered active duty on 
12 June 1952 and served for nearly 13 months in Korea where he was awarded the Korean Service Medal.  Records maintained by the Office of the Surgeon General indicate the applicant sustained multiple fragment wounds to various parts of his body, including his “lower extremity” (specifically the tarsal bone and leg) on 19 February 1953 as a result of hostile action.  In July and November 1953 he received additional medical treatment for a “foreign body, retained” in his foot and leg from the 19 February 1953 injury.  The available medical information does not indicate if the fragments were in his left or right leg and foot.

4.  On 19 March 1954 the applicant was released from active duty.  Item 29 (wounds) on his separation report notes his “multiple penetrating wounds” to his arms, elbow and right buttocks but makes no mention that he also sustained fragment wounds to his leg and foot.  Additionally, there is no indication he was ever awarded the Purple Heart for his injuries.

CONCLUSIONS:

1.  The evidence confirms the applicant did sustain multiple fragment wounds to various parts of his body as a result of hostile action on 19 February 1953 while in Korea.  While item 29 (wounds) on his separation report notes some of the areas which were wounded they do not include the fact that the fragments penetrated his leg and ankle.

2.  While the medical records do not record whether the fragments hit the applicant’s right or left lower extremities there is no reason to doubt the applicant’s statement that it was his left leg and foot that were involved.

3.  Additionally, the Board notes that the applicant is also entitled to an award of the Purple Heart that is not recorded on his separation document.

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 individual concerned the Purple Heart for wounds sustained on 19 February 1953 while in Korea; and

b.  by correcting item 40 (wounds) on his separation report to also include that he was wounded in the left leg and foot during the 19 February 1953 action.

BOARD VOTE:  

___esc__  ____kan_  ____dw__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Edwin S. Castle____
		        CHAIRPERSON

INDEX

CASE ID	AR1999030322	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000302	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.