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Decision Text

ARMY | BCMR | CY2001 | 2001061191C070421
Original file (2001061191C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 27 NOVEMBER 2001
         DOCKET NUMBER: AR2001061191


         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. Arthur A. Omartian Chairperson
Mr. Lester Echols 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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect award of the Purple Heart. He states he received the medal from St. Louis and submits a copy of the decoration, inscribed with name, in support of his request.

3. Information available to the Board indicates he served in Korea between January and April 1952. According to item 29 (wounds received as a result of action with enemy forces), on his DD Form 214, he sustained a shell fragment wound to his left nostril on 8 February 1952. A Korean Casualty File confirms he received medical treatment for the injury. There is, however, no information which confirms he was awarded the Purple Heart. He was discharged from active duty on 1 May 1952.

4. 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.

CONCLUSIONS:

1. There is sufficient evidence to conclude the applicant was wounded as a result of hostile action while in Korea and as such is entitled to 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 be corrected by awarding the individual concerned the Purple Heart.

BOARD VOTE:

__AAO__ __LE____ __JTM __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  ___Arthur A. Omartian___
                  CHAIRPERSON



INDEX

CASE ID AR2001061191
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011127
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.


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