PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:               20 June 2000
	DOCKET NUMBER:      AR1999030904

	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	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz, Jr.		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 correction of his records to show an award of the Purple Heart. 

3.  The applicant states, in essence, that he is entitled to the Purple Heart for being wounded by missile shell fragments penetrating his face during combat in North Korea.  He further states that he was sent to a first aid station and then received additional treatment for his injuries at a hospital in Pussan (sic Pusan, South Korea).  The applicant points out that his records should justify the correction and that the award was earned by merit. 

4.  The applicant’s military records show that he was inducted on 3 January 1952, and completed combat training.  He was assigned to Korea in August 
1952 as an Infantryman.

5.  On 14 October 1952, he was wounded in action from artillery fire and sustained a wound to the right side of his head as shown on Battle Casualty Report No. 031123, dated 20 October 1952.  This report showed he received treatment at a medical aid station and evacuation hospital.  He was then returned to duty.  There is no evidence of record that he was awarded the Purple Heart at that time.

6.  In July 1953, he returned to the Continental United States and was then assigned to Puerto Rico for duty.  On 10 October 1953, he was honorably separated and transferred to the United States Army Reserve for completion of his 8-year service obligation.  He was credited with 1 year, 9 months and 8 days of active service with no lost time.  

7.  The applicants DD Form 214, Item 24 used at the time of separation shows award of the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, the Combat Infantryman Badge, and one Overseas Service Bar.  It does not show the award of the Purple Heart.

8.  On 6 August 1990, DA Form 1577 (Authorization for Issuance of Awards), was issued by the Army Reserve Personnel Center (ARPERCEN), which is in the applicant’s record.  It shows that he was awarded the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal with 2 bronze service stars, the Combat Infantryman Badge and the United Nations Service Medal.  The form also notes that in order to verify his entitlement to the award of the Purple Heart, that the applicant must submit a copy of the general orders or general order number and issuing headquarters for such credit. 

9.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

10.  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.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was wounded as a result of hostile action on 14 October 1952 while in Korea.  He received medical treatment. Therefore, he is entitled to award of the Purple Heart.

2.  The applicant was also awarded the Good Conduct Medal for the period of service from 3 January 1952 to 10 October 1953, which was not entered on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

3.  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 by showing that the individual concerned:

	a.  was awarded the Purple Heart for wounds received as the result of hostile action, on 14 October 1952; and

	b.  was awarded the Good Conduct Medal for the period of service from 
3 January 1952 to 10 October 1953.

BOARD VOTE:  

__vbc___  __jea____  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Van B. Cunningham__
		        CHAIRPERSON

INDEX

CASE ID	AR1999030904	
SUFFIX		
RECON		
DATE BOARDED	20000620	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19531009	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	A144.07	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A107.15	
2.	A107.56	
3.		
4.		
5.		
6.