MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:         20 January 1999                    
	DOCKET NUMBER:   AC98-12595
				   AR1999016608

	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	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Robert W. Garrett		Member	
	Ms. Deborah S. Jacobs		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, the applicant requests the Purple Heart and all other medals due him.  

APPLICANT STATES:  That he received a head wound from a back blast from a 3.2 rocket launcher, which also damaged his left ear.  He was a combat medic and treated himself.  The Purple Heart and other medals are not listed on his 
DD Form 214 (Report of Separation).  He was also an infantryman and his 
DD Form 214 should reflect this by indicating that he had an infantry specialty MOS 1745) in addition to his medical specialty.  His DD Form 214 also does not show that he was hospitalized in Korea.  

The applicant recounts an action in which he participated on Pork Chop Hill in Korea in July of 1953.  He states that after that action, only he and a lieutenant remained after all day and night fighting.  He states that his lieutenant told him that he would receive the Purple Heart for his wound, a battle field commission, and the Silver Star.  

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

The applicant entered the Army on 23 October 1952 and was released from active duty with the rank of Private First Class on 22 October 1954.  His 
DD Form 214, which he authenticated with his signature, shows that he was a medical aidman, MOS 1666, and had been assigned to a medical company with the 17th Infantry Regiment.  That record indicates that he was awarded the combat medical badge, the Korean Service Medal with two bronze service stars, the National Defense Service Medal, and the United Nations Service Medal.  It does not show award of the Purple Heart, and in the block, “Wounds Received as a Result of Action with Enemy Forces”, the word “NONE” is entered.  It does not show that he was an infantryman or that he held an infantry specialty.

The applicant’s medical records are not remarkable; however, one record in early September 1953, did show a condition diagnosed as 3 lipomas (benign tumors made up of fat tissue) over torso, with instructions to return for surgery; and another medical record of 11 September 1953 shows that he was treated for multiple lipomata at the 48th Surgical Hospital on 8 September and released for duty on 11 September 1953.  Sometime in 1995, he remarked on the latter medical record that he believed that (the multiple lipomata) was a result of hand to hand combat and he believed that he deserved the Purple Heart.  On 
30 August 1995 an official of the Army Reserve Personnel Center at St. Louis informed a member of congress that the applicant’s medical records failed to show that the lipomata was the result of enemy action and that the Purple Heart could not be authorized.

In November of 1992 he wrote to the Army Reserve Personnel Center (ARPERCEN) at St. Louis requesting his records so that he could get the Purple Heart.  He states that he was a combat medic who was wounded in both knees.  

On 29 September 1995 the Army Reserve Personnel Center at St. Louis authorized the issuance of various awards to the applicant – the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal with two bronze service stars, the Combat Medical Badge, and the United Nations Service Medal.  He was also authorized the Republic of Korea Presidential Unit Citation Badge, an award not issued by DA.

In March 1996 the applicant wrote ARPERCEN, stating that he was wounded above his right eye in action on Pork Chop hill, that he took care of his own wound, and that he deserved the Purple Heart.  He wrote again in April 1996, stating that he was supposed to get a battle field commission, and should have  been awarded the Combat Infantryman Badge, because he held an infantry specialty, in addition to his medical specialty, and was in combat with the enemy. He states that the reason he did not receive the commission and the awards was because the lieutenant who was with him [the individual that was aware of his actions] on Pork Chop hill departed for the states on emergency leave.  

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.

Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been
performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years
of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late
recommendations or reconsideration.

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge (CIB).  That paragraph states that there are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

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

1.  The applicant has failed to provide evidence or substantive information to show that he was wounded in action.  Therefore, he is not entitled to award of the Purple Heart.

2.  Nor has he shown any evidence entitling him to award of the Silver Star medal, or any other medal or award not previously authorized him.  There is no evidence, nor has the applicant provided any, to show that he was an  infantryman or that he had been awarded an infantry specialty.

3.  There is neither any information in the applicant’s records, nor has the applicant provided any, concerning a battle field commission.  

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

__jh_____  __rwg___  ___dsj__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

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