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Decision Text

ARMY | BCMR | CY2001 | 2001062488C070421
Original file (2001062488C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 December 2001
         DOCKET NUMBER: AR2001062488


         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. Joann Langston Chairperson
Ms. Margaret K. Patterson Member
Mr. Eric N. Andersen 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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

3. The applicant states that he was wounded in the right leg on 6 September 1950 while stationed in Korea. In support of his application, he submits a copy of his DD Form 214.

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
13 August 1948. He served as a light vehicle driver in Korea and was honorably discharged on 5 May 1952.

5. The applicant’s DD Form 214 does not show the Purple Heart as an authorized award. However, item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry “Wounded by sharpnel [sic] in the right leg
6 Sep [September] 1950 Korea”.

6. Army Regulation 600-8-22 (Military Awards) 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.

CONCLUSIONS:

1. The applicant’s DD Form 214 does not show the Purple Heart as an authorized award. However, his DD Form 214 does show that he was wounded in action on 6 September 1950 in Korea. Therefore, the applicant is entitled to correction of his military records to show 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 showing that the individual concerned was awarded the Purple Heart for







wounds received as a result of action with enemy forces on 6 September 1950 in Korea.

BOARD VOTE:

JL_____ MKP____ ENA____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Joann Langston____
                  CHAIRPERSON




INDEX

CASE ID AR2001062488
SUFFIX
RECON
DATE BOARDED 20011204
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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