PROCEEDINGS

	IN THE CASE OF:  .

	BOARD DATE:  4 April 2002
	DOCKET NUMBER:  AR2001063234

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Roger W. Able		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, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show all awards and decorations to which he is entitled.

3.  The applicant states, in effect, that he is entitled to award of the Purple Heart, that his rank should be “first sergeant” instead of “private”, and that he should be awarded all awards and decorations to which he is entitled.  In support of his application, he submits a copy of his DD Form 214.

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 was enlisted on 19 July 1948, as
a light truck driver.  He served in Korea and was honorably discharged by reason of physical disability, with severance pay, on 19 October 1951.  

5.  The applicant’s DD Form 214 shows he was awarded the Army of Occupation Medal with Japan Clasp and the Korean Service Medal.  His discharge document does not show the Purple Heart as an authorized award.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “None.”  There is no record that the applicant was awarded the Purple Heart.  There also is no evidence in his records that show he was wounded or treated for wounds as a result of hostile action.  

7.  The applicant’s records contain several copies of Surgeon General’s Office (SGO) Hospital Listings, which show that the applicant was diagnosed as having:  exhaustion, combat; psychoneurotic disorders, neurotic depressive reaction; and passive-aggressive reaction, all of which were non-battle injuries.

8.  Item 3 (Grade-Rate-Rank and Date) of the applicant’s DD Form 214 shows the entry “Pvt-2 11Jun51” (11 June 1951).

9.  The applicant’s records contain several medical documents which show his rank as “Sgt” (sergeant) and show that he was admitted to the hospital on 21 March 1951 in the rank of “Sgt”.  His Physical Evaluation Board (PEB) Proceedings, dated 13 September 1951, show his rank as “sergeant.”  There is no documentation in the available record to indicate that the applicant was reduced in rank to private prior to his separation.  Additionally, there is no documentation in the available record to indicate what his correct date of rank was sergeant.

10.  A DA Form 1577 (Authorization for Issuance of Awards), dated 16 July 1987, shows that the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was authorized to be issued the National Defense Service Medal and the Republic of Korea Presidential Unit Citation Badge [sic].

11.  A DA Form 1577 (Authorization for Issuance of Awards), dated 29 July 1999, shows that the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was authorized to be issued the Korean Service Medal with one bronze service star and the United Nations Service Medal.

12.  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.

13.  Review of the available records does not reveal that he was recommended for or entitled to any other awards or decorations.

CONCLUSIONS:

1.  The Board notes the medical evidence contained in the applicant’s records which shows that he was diagnosed as having:  exhaustion, combat; psychoneurotic disorders, neurotic depressive reaction; and passive-aggressive reaction, all of which were non-battle injuries.  The Board also notes that there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or wounded due to hostile action while serving in Korea.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  The applicant’s DD Form 214 shows that he was separated in the rank of
Pvt-2, with a date of appointment of 11 June 1951.  However, the evidence of record shows that he appeared before his PEB on 13 September 1951, prior to separation, in the rank of “Sgt.” 

3.  The Board notes that based on limited information provided that there is insufficient evidence of record to make a correction to his date of rank.  The Board also notes that the applicant could have stated to officials that he was a sergeant, or was an acting sergeant at the time but not promoted to sergeant.  Therefore, he is not entitled to correction of item 3 (Grade-Rate-Rank and Date of Appointment) of his DD Form 214 to show the entry “Sgt.”

4.  The evidence of record shows that the applicant was eligible for the National Defense Service Medal, the Republic of Korea Presidential Unit Citation, the Korean Service Medal with one bronze service star, and the United Nations Service Medal.  Therefore, he is entitled to correction of records to show these awards.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by showing in item 27 (Decorations and Awards) of his DD Form 214 that he was awarded the National Defense Service Medal, the Republic of Korea Presidential Unit Citation, the Korean Service Medal with one bronze service star, and the United Nations Service Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__ao__  ___kf___  ___ra__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID	AR2001063234	
SUFFIX		
RECON		
DATE BOARDED	20020404	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19511019	
DISCHARGE AUTHORITY	AR 600-450	
DISCHARGE REASON		
BOARD DECISION	DENY/GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46		
2.  61		
3.  1021		
4.		
5.		
6.