PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:              10 October 2002
	DOCKET NUMBER:      AR2002076148

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 two awards of the Purple Heart.

3.  The applicant states that he should have two awards of the Purple Heart listed on his discharge document.  

4.  The applicant submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a letter from a former fellow soldier in support of his application.

5.  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 entered active duty on 7 March 1950 for a period of three years.  He completed training as a light vehicle driver and served in Korea.  The applicant was discharged from active duty on 25 April 1953.

6.  The applicant's DD Form 214 shows entitlement to one award of the Purple Heart.

7.  Item 29 (Wounds Received As A Result Of Action With Enemy) on his DD Form 214 shows that the applicant sustained a gunshot wound to his left leg on 8 August 1950 in Korea.  His discharge document also shows that he sustained a gunshot wound to his right leg on 5 September 1950 in Korea.

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.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

CONCLUSIONS:

1.  The applicant's DD Form 214 shows one award of the Purple Heart as an authorized award.

2.  Evidence of record available to the Board shows he was wounded twice as a result of hostile action in Korea.  Therefore, he is entitled to two awards of the Purple Heart and correction of his DD Form 214 to show the Purple Heart (First Oak Leaf Cluster).

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 by showing the individual concerned was awarded the Purple Heart (First Oak Leaf Cluster).

BOARD VOTE:  

RJW____  JTM____  RWA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond J. Wagner_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002076148	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021010	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.