PROCEEDINGS

	IN THE CASE OF: .

	BOARD DATE:   29 July 1999    
	DOCKET NUMBER:  AR1999016114

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loudermon		Chairperson	
	Ms. Shirley Powell 		Member	
	Mr. Curtis 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 correction of his records to show award of the Purple Heart.

3.  The applicant states, in effect, that he should have been awarded the Purple Heart for wounds received in Korea on approximately 13 June 1951.

4.  The applicant’s military records show he enlisted in the Armed Forces of the United States on 24 August 1949.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 4345 (Light 
Truck Driver).  He was honorably discharged on 26 September 1952.

5.  On 13 June 1951, the applicant sustained a concussion as result of the explosion of a mortar shell during hostile action.  He was treated at the 
121st Evacuation Hospital, APO 301.  

6.  On 6 August 1996, a Department of Veterans Affairs (DVA) Rating Decision shows that the DVA determined the applicant was 10% disabled.  He received a 10% disability rating due to post traumatic stress disorder.

7.  The applicant was awarded the Korean Service Medal with (5 bronze service stars), the United Nations Service Medal, and the Combat Infantryman's Badge.

8.  However, the applicant’s DD Form 214 does not show the Purple Heart as an authorized award. 

9.  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.  Sustaining 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.  There is no evidence of record which shows that the applicant was awarded the Purple Heart; however, official records show that the applicant was wounded as a result of hostile action on 13 June 1951.  He received medical treatment for his wounds.  Therefore, the applicant 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 by showing that the individual concerned was awarded the Purple Heart,.

BOARD VOTE:  

CHL____  SLP_____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999016114	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990729	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19520926	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	A92.03 	
2.		
3.		
4.		
5.		
6.