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Decision Text

ARMY | BCMR | CY2001 | 2001065944C070421
Original file (2001065944C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 December 2001
         DOCKET NUMBER: AR2001065944


         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
Mr. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Thomas B. Redfern Member
Mr. Lester Echols 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 the Purple Heart is not shown on his DD Form 214.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he entered active duty on 23 August 1949. Although the specific dates of his service in Korea are not shown on his DD Form 214, it does show that he served 10 months and 26 days of foreign service. The applicant was honorably separated on 4 June 1952.

5. The applicant’s DD Form 214, which is authenticated in his own hand, does not show award of the Purple Heart in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). Item 29 of his DD Form 214 (Wounds Received As A Result of Action With Enemy Forces) contains the entry, “NONE.”

6. The applicant provided a copy of a hospital admission record which shows that he was treated in Korea on 27 November 1950 for a penetrating missile wound to the leg sustained in action against the enemy.

7. The Board also noted that the applicant’s service qualifies him for award of the National Defense Service Medal; however, this award is not shown on his DD Form 214.

8. Army Regulation 600-8-22 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.

9. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

CONCLUSIONS:

1. Medical evidence of record shows that the applicant was wounded in action in Korea on 27 November 1950. Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2. The applicant completed a period of qualifying military service for award of the National Defense Service Medal. Therefore, he is entitled to award of this service medal and correction of his records to show award of the National Defense Service Medal.

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:

         a. by showing the individual concerned was awarded the Purple Heart for wounds sustained in action in Korea on 27 November 1950; and

         b. by showing that he was awarded the National Defense Service Medal.

BOARD VOTE:

___JNS__ __LE___ ___JBR__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. John N. Slone___
                  CHAIRPERSON




INDEX

CASE ID AR2001065944
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011220
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY MR SCHNEIDER
ISSUES 1. 107.0015.0000
2.
3.
4.
5.
6.


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