PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           24 June 1999              
	DOCKET NUMBER:  AR1999018910

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Gary C. Miller		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 spouse of the deceased former service member (FSM) requests correction of his records to show award of the Purple Heart.

3.  The FSM's spouse states in effect that the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows that a shell fragment perforated his right thigh on 24 July 1951, while serving in Korea in a hostile environment.  However, the DD Form 214 does not show an award of the Purple Heart.  She submitted the death certificate of the FSM, and his DD Form 214 in support of her request.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  The FSM's spouse herein submitted records.  These records show that he enlisted in the Regular Army on
14 September 1949.  He served in specialty number 4745, Infantry.

5.  The FSM's DD Form 214, item 29 shows the entry "SFW perforating right thigh, 24 July 1951."  It also shows the FSM was awarded the Korean Presidential Unit Citation, the Korean Service Medal with 5 service stars, the Combat Infantry Badge, and 2 Overseas Service Bars.  

6.  On 25 October 1952, he was honorably discharged.  He had completed 
3 years, 1 month, and 1 day of active military service.  

7.  The FSM’s DD Form 214 does not show the Purple Heart as an authorized award. 

8.  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 FSM was awarded the Purple Heart; however, official records show that he was wounded as a result of hostile action on 24 July 1951. 

2.  While medical records are not available, a shrapnel wound to the leg would have required medical treatment.  

3.  Therefore, the Board concludes that the FSM is entitled to award of the Purple Heart.

4.  In view of the foregoing, the FSM’s records should be corrected as recommended below.
RECOMMENDATION:

1.  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 as a result of an injury received during hostile action on 24 July 1951.

2.  That the award elements be prepared and issued to the family of the FSM.

BOARD VOTE:  

__RVO’C_  __GCM_  _CLG___   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999018910	
SUFFIX		
RECON		
DATE BOARDED	19990624	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.00 	
2.		
3.		
4.		
5.		
6.