MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             29 July 1999
	DOCKET NUMBER:    AR1998013915

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loundermon		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Curtis L. Greenway 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his DD Form 214 (Report of Separation from the Armed Services of the United States) be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  In effect, that his DD Form 214 does not show the award of the Purple Heart.  He also states that he was awarded the Purple Heart while serving in Korea; however, it was omitted from his DD Form 214.

EVIDENCE OF RECORD:  The applicant's military records show:

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 he enlisted on 2 September 1952.  He served in Korea and was honorably discharged on 1 June 1954.

The applicant’s DD Form 214s show he was awarded the Combat Infantryman Badge, the United Nations Service Medal, one Overseas Service Bar, the Korean Service Medal with two bronze service stars, the National Defense Service Medal and the Good Conduct Medal.

The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “NONE”. 

There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

A WGO FORM 8-27 (Field Medical Card) prepared on the applicant at the 
25th Station Hospital on 17 July 1953 shows the entry “AI [accidentally injured] – when EM (enlisted member) was in a jeep when it went over cliff North Korea”.  This field medical card was signed by a medical officer.

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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during his service in Korea.  Therefore, he is not entitled to the Purple Heart.

2.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

CHL_____  SLP____  CLG_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013915	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990728	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19540601	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.