PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               29 July 1999
	DOCKET NUMBER:      AR1999014664

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loundermon		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Curtis L. Greenway		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 award of the Purple Heart. 

3.  The applicant states that he is entitled to the Purple Heart based on the entry on his discharge which shows that he received a bullet wound to his right lower leg in Korea on 27 April 1951.  (Analyst Note: The applicant submitted two DD Forms 149 (Application for Correction of Military Record) which both requested award of the Purple Heart.  Attached to the first application were discharge documents and attached to the second application were medical records.

4.  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 enlisted on 22 October 1948 and served for a year. After a break in service, the applicant reentered active duty on 17 August 1950 and served in Korea.  The applicant reenlisted on 15 August 1952 and served until his honorable discharge on 10 June 1955.

5.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), with a separation date of 14 August 1952, shows in item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry “Bullet wound Right Lower Leg (27 Apr 51  Korea)”.  

6.  The applicant also provided medical documents which verify that he was wounded as a result of “enemy small arms fire” at “0800, 27 Apr 51 near Seoul, Korea”.

7.  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.  The applicant was wounded as a result of hostile action in Korea on 27 April 1951; therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  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 as a result of hostile action in Korea on 27 April 1951; and 

b.  by correcting his records to show award of the Purple Heart.

BOARD VOTE:  

CHL____  SLP_____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Charles H. Loundermon_
		        CHAIRPERSON

INDEX

CASE ID	AR1999014664	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990729	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19550610	
DISCHARGE AUTHORITY	AR 635-205	
DISCHARGE REASON	VOLUNTARILY RELEASED	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.