PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           04 JUNE 2002                  
	DOCKET NUMBER:   AR2001066235

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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.  He states that although his separation document does not indicate that he was wounded in action, a Western Union Telegram to his spouse confirms that he was wounded.  He also notes that assignment orders confirm his hospitalization.  In support of his request he submits a copy of the telegram, assignment orders, a document from the VA granting him a service connected disability, and an extract from a Korean War era newspaper article noting the applicant was wounded in action. 

3.  The applicant's military personnel file was likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed entirely from documents provided by the applicant.

4.  The applicant entered active duty on 7 August 1951 and served nearly 10 months overseas where he was awarded the Korean Service Medal with one bronze service star and United Nations Service Medal.  A Western Union Telegram to the applicant's spouse confirms the applicant was "injured in action in Korea" on 12 April 1952.  Orders included with his application confirm he was assigned to a Medical Holding Detachment in Japan in October 1952 and ultimately released from active duty on 9 May 1953.  

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

6.  By virtue of the applicant's military service between 1951 and 1953 he is entitled to the National Defense Service Medal.  The 48th FA (Field Artillery) Battalion, 7th Infantry Division was awarded the ROKPUC (Republic of Korea Presidential Unit Citation) per DAGO (Department of the Army General Orders) 22-56 for service from 30 September 1950 thru 27 July 1953.

CONCLUSIONS:

1.  There is sufficient evidence to confirm that the applicant was injured as a result of hostile action on 12 April 1952 and as such the Board concludes it would be appropriate, and in the interest of justice, to award the applicant the Purple Heart.

2.  The evidence also confirms the applicant is entitled to the National Defense Service Medal and the ROKPUC.

3.  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 an injury sustained on 12 April 1952; and

b.  by showing that he is entitled to the National Defense Service Medal and ROKPUC.

BOARD VOTE:  

__SK   __  __JTM __  __TEO __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Stanley Kelley_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001066235	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020604	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.