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Decision Text

ARMY | BCMR | CY2001 | 2001062691C070421
Original file (2001062691C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 March 2002
         DOCKET NUMBER: AR2001062691


         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. Stephanie Thompkins Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Raymond J. Wagner Member
Ms. Gail J. Wire 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, that his separation document (DD Form 214) be corrected to show he was awarded the Purple Heart.

3. The applicant states, in effect, that the Purple Heart is not shown on his DD Form 214. He submits a copy of his DD Form 214, discharge certificate, Purple Heart certificate, two newspaper articles, and a letter from the Veterans Administration dated 18 February 1954 in support of his request.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the Office of The Surgeon General (OTSG) hospital admission cards and documentation submitted by the applicant.

5. He was inducted into the Army on 5 September 1951.

6. OTSG hospital admission cards for the year 1952 show he was wounded in the arm, buttock and hip on 23 October 1952 as a direct result of action against or by an organized enemy.

7. He was honorably discharged for the convenience of the government on 11 August 1953. His DD Form 214 shows he was awarded the Combat Infantryman Badge, Korean Service Medal with 3 Bronze Service Stars and the United Nations Service Medal.

8. Item 29, Wounds Received as a Result of Action with Enemy Forces, on his DD Form 214, shows “LWA FW LEFT HAND N KOREA 23Oct52.”

9. He was awarded the Purple Heart on 19 January 2001 for wounds received in action on 23 October 1952. The Army Personnel Command issued the citation on 19 January 2001. Purple Heart award orders were not provided to the Board.

10. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or 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. The applicant is entitled to correction to his DD Form 214, dated 11 August 1953, to show award of the Purple Heart. While there is no order available to the Board for this award, it is concluded that orders were published and that the citation described in the evidence is authentic.

2. OTSG hospital admission cards show he was wounded as a result of hostile action and was made a matter of official medical record. The Board also notes the applicant was awarded the Purple Heart on 19 January 2001 and at that time the separation document was erroneously not corrected to show this award.

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 on his DD Form 214 dated 11 August 1953.

BOARD VOTE:

_gjw_ _rjw____ __inw__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Irene N. Wheelwright
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001062691
SUFFIX
RECON
DATE BOARDED 20020312
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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