PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  12 March 2002
	DOCKET NUMBER:  AR2001064360

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Raymond J. Wagner		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 that he be awarded the Purple Heart.

3.  The applicant states that his DD Form 214 (Report of Separation) shows that he was wounded.

4.  The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  The applicant’s DD Form 214 shows that he was inducted and entered active duty on 24 March 1951.  He was trained as a light vehicle driver.

5.  His exact dates of service in Korea are not available.  However, his DD Form 214 shows that he was credited with 11 months and 15 days foreign service and he was awarded the Korean Service Medal with two bronze service stars.  Block 29 (Wounds) shows “SFW (shell fragment wound) Lt Elbow Kor Dec 51.”  There are no military medical records to support this entry.

6.  The only recorded hospitalization for the applicant was for treatment of an infection on 17 April 1952.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  Notwithstanding the absence of additional documentation to support the shrapnel wound entry on his DD Form 214, it appears that the applicant is entitled to have his records corrected to show an award of the Purple Heart.

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 for the individual concerned be corrected by:

	a.  issuing orders awarding the applicant the Purple Heart for wounds received in action in December 1951 in Korea; and

	b.  correcting his DD Form 214 to show the award of the Purple Heart.

BOARD VOTE:  

__iw___  ___gw___  ___rw__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Irene N. Wheelwright____
		        CHAIRPERSON

INDEX

CASE ID	AR2001064360	
SUFFIX		
RECON		
DATE BOARDED	20020312	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.