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Decision Text

ARMY | BCMR | CY2001 | 2001056633C070420
Original file (2001056633C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2001
         DOCKET NUMBER: AR2001056633


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Thomas B. Redfern Member
Ms. Regan K. Smith 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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 4 October 1952 to show award of the Purple Heart for wounds received as a result of action with enemy forces on 3 September 1950 in Korea.

3. The applicant states, in effect, that he was wounded in action on 3 September 1950 in Korea and was awarded the Purple Heart while in the hospital in Osaka, Japan. However, his discharge document does not reflect this award or that he was wounded in action. In support of his application, he submits medical documentation to support his claim.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant enlisted on
16 September 1947. He served as an infantryman in Korea and was honorably discharged on 4 October 1952. After a break in service, the applicant enlisted in the U.S. Air Force on 1 October 1953 and remained on active duty through continuous reenlistments until he retired in the rank of staff sergeant on
30 September 1968.

5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the applicant’s DD Form 214 with an effective date of 4 October 1952 does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 shows the entry “None”.

6. The applicant provided a copy of a medical record, dated 5 September 1950, which shows the applicant was wounded in action on 3 September 1950 in South Korea. The medical record shows he sustained a shell fragment wound to his right shoulder when he was struck by enemy artillery shell fragments. The medical record also shows the applicant was awarded the Purple Heart by Osaka Army Hospital General Orders Number 106, dated 7 September 1950.

CONCLUSIONS:

1. Medical evidence of record shows the applicant was wounded in action on
3 September 1950 and was awarded the Purple Heart on 7 September 1950. Therefore, the applicant is entitled to correction of items 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) and 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 with an effective date of 4 October 1952 to show award of the Purple Heart for wounds received in action on 3 September 1950 in Korea.



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 be corrected:

         a. by adding the entry “Purple Heart” in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 4 October 1952 of the individual concerned;

         b. by deleting the entry “None” in item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214; and

         c. by adding the entry “Korea, 3 September 1950” in item 29 on the DD Form 214.

BOARD VOTE:

MKP____ TBR____ RKS____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson
                  CHAIRPERSON




INDEX

CASE ID AR2001056633
SUFFIX
RECON
DATE BOARDED 20010807
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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