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ARMY | BCMR | CY2006 | 20060002849C070205
Original file (20060002849C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 October 2006
      DOCKET NUMBER:  AR20060002849


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |Member               |

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of her father's, a former
service member (FSM), previous request for award of the Purple Heart.

2.  The applicant states her father was wounded in action in the North
Korea Sector in October 1952.

3.  The applicant provides a copy of a datasheet from the National Archival
Database and a letter from her father authorizing her to apply to the ABCMR
in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2001060620 on 29 November 2001.

2.  The applicant provided a copy of a datasheet from the National Archival
Database which is new evidence that was not previously considered by the
Board.

3.  As stated in the previous case, the FSM's records were lost or
destroyed in a fire at the National Personnel records Center fire in 1973.

4.  Available records show that the FSM entered the Army on 16 August 1951.
 Records further show that he was trained and served as a light truck
driver.

5.  The FSM’s records show that he was awarded the Good Conduct Medal,
National Defense Service Medal, Korean Service Medal with two bronze
service stars, Combat Infantryman Badge, and the United Nations Service
Medal.

6.  The FSM's records do not show entitlement to award of the Purple Heart.
There are no medical records available which show the FSM was treated for
wounds sustained as a result of hostile action.

7.  The Korean War Casualty Roster lists the FSM's name among those as
wounded and/or killed during the Korean War.

8.  The casualty roster shows that the FSM was wounded in action by missile
on 14 October 1952, in the North Korea Sector.  The casualty roster further
shows that the FSM was hospitalized for these injuries and later returned
to duty.

9.  Army Regulation 672-5-1 (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 been
treated by a medical officer, and the medical treatment must have been made
a matter of official records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her father is entitled to award of the
Purple Heart for wounds sustained as a result of hostile action on 14
October 1952 while in the North Korea Sector.

2.  Although, the FSM's military records do not contain sufficient evidence
on which to base award of the Purple Heart.  The Korean War Casualty Roster
clearly shows that the FSM sustained wounds as a result of hostile action
and that he was treated for such wounds.

3.  This evidence is sufficient to show that the FSM is entitled to award
of the Purple Heart and correction of his records to show this award.

BOARD VOTE:

_KLW____  _SJS___  _TMR___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION









BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR2001060620, dated 29
November 2001.  As a result, the Board recommends that all Department of
the Army records of the individual concerned be corrected by awarding the
Purple Heart for wounds sustained as a result of hostile action while in
the North Korea on 14 October 1952.




                                     __Kenneth L. Wright___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002849                           |
|SUFFIX                  |                                        |
|RECON                   |AR2001060620                            |
|DATE BOARDED            |20061003                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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