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Decision Text

ARMY | BCMR | CY2001 | 2001063698C070421
Original file (2001063698C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 14 FEBRUARY 2002
         DOCKET NUMBER: AR2001063698


         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. John N. Slone Chairperson
Ms. Barbara J. Ellis Member
Mr. John E. Denning 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 award of the Purple Heart. He states that his DD Form 214 reflects that he sustained gunshot wounds to the right leg and hand, but he was never awarded the Purple Heart.

3. Information available to the Board indicates he entered active duty in September 1947 and served approximately 5 months overseas.

4. According to files maintained by the Office of The Surgeon General, commonly referred to as SGO files, the applicant was hospitalized between January and August 1951 as a result of gunshot wounds to his leg and hand. The files confirm the wound was the result of hostile action. On 24 September 1951 he was discharged. Item 29 (wounds received as a result of action with enemy forces) reflects the applicant's gunshot wounds.

5. 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. The evidence confirms the applicant was wounded as a result of hostile action in January 1951, while in Korea. He 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 for wounds sustained in January 1951 as a result of hostile action.

BOARD VOTE:

__JNS __ __BJE___ __JED __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

__ _ __ __ __ DENY APPLICATION


                  ____ John N. Slone___
                  CHAIRPERSON



INDEX

CASE ID AR2001063698
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020214
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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