MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           10 November 1998                   
	DOCKET NUMBER:   AC98-05622

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Irene E. Wheelwright 		Member	
	Ms. Margaret K. Patterson 		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:  Correction of his military records to show award of the Purple Heart.     

APPLICANT STATES:  That, in effect, records pertaining to his Purple Heart were omitted because of his involvement in the intelligence community.  He contends he served with four intelligence organizations while on temporary duty assignment, although he was never officially assigned to them.  He also contends he was wounded in front of a Republic of Korea Division and was treated by their aid station.    

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

The applicant entered active duty on 26 March 1948 and was honorably discharged on 19 May 1950.  He reenlisted on 20 May 1950 and served as a clerk general and duty sergeant while assigned temporary duty with the Eighth U.S. Army Korea from 17 August 1950 through 7 August 1951.  He completed his tour in Korea, while serving as an administrative specialist, on 15 December 1951.  He was separated with an honorable discharge on 31 March 1954.

The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 

There is no evidence in the applicant’s records that show he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 states “None”.  Section 8 (Wounds Received Through Enemy Action) of the applicant’s WD AGO Form 24A (Service Record) does not contain any entries. 

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.  Contrary to the applicant’s contention that he served with intelligence organizations, evidence of record shows the applicant served as a  clerk general, duty sergeant and administrative specialist during his assignments in Korea.  
2.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action in Korea.  Therefore, he is not entitled to award of the Purple Heart.   

3.  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.

4.  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

CMF_____  IEW____  MKP____  DENY APPLICATION

						Loren G. Harrell
						Director