MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           11 August 1999                  
	DOCKET NUMBER:   AR1999019675

	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. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. John P. Infante		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, award of the Purple Heart.

APPLICANT STATES:  In effect, that he sustained wounds as a result of hostile actions on or about 26 November 1950 in North Korea.  He contends that he was slightly wounded by a Chinese hand grenade and received small fragments from the grenade to his right shoulder.  He also contends that due to so much confusion at that time, there were no entries made in the morning report or any other official document.  In support of his application, he submits three notarized statements (a personal letter of explanation (undated), a letter from his platoon sergeant during the Korean War (dated 28 April 1997) and a letter from his physician (dated 25 June 1997)).  In summary, the applicant’s platoon sergeant attests that on 26 November 1950 the North Korean and Chinese forces overran the position held by his forces where the applicant was the forward observer.  He contends that he lost all contact with the applicant until on or about 27 November 1950 and then the applicant “explained what had happened during the attack of the enemy forces.  First, his radio operator had been killed, and [the applicant] had been slightly wounded by a Chinese hand grenade and did receive first aid from the field aid station, but due to so much confusion and the number of seriously wounded, and being that he was ambulatory, he decided to leave the aid station and rejoin his unit”.  The notarized statement from the applicant’s doctor states that the applicant was examined on 17 June 1997 and that he has a scar of an excised retromandibular [behind the mandible of the lower jaw] tumor on the right.  He states that the applicant’s right shoulder showed multiple scars of shrapnel wounds which have healed and a pigmented area suggesting retained foreign material.       

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

The applicant enlisted on 7 July 1948 and was honorably discharged on
2 February 1950 due to hardship and transferred to the Enlisted Reserve Corps.  He enlisted again on 2 August 1950 and remained on active duty through continuous enlistments until he was honorably discharged in the grade of sergeant major on 6 January 1967.  He was appointed a captain in the Army of the United States on 7 January 1967 and appointed a major in the Army Reserve on 9 June 1968.  The applicant was retired in the grade of sergeant major on 30 September 1970. 

The applicant’s available DD Forms 214 (Report of Transfer or Discharge) do not show the Purple Heart as an authorized award. 

There is no evidence in the applicant’s personnel records that shows he was awarded the Purple Heart or was wounded or treated for wounds as a result of hostile action.

The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 26 November 1950 for a sprain (tear of ligaments, knee joint) and Psychoneurotic Disorders (Anxiety reaction), as a result of a fall or jump in Korea. 

Army Regulation 600-8-22 (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 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.  The Board noted the applicant’s contention that he was slightly wounded by a Chinese hand grenade on or about 26 November 1950 in North Korea.  However, the evidence of record shows that he was hospitalized on 
26 November 1950 in Korea for a sprain (tear of ligaments, knee joint) and Psychoneurotic Disorders (Anxiety reaction), as a result of a fall or jump in Korea. 

2.  The Board noted the notarized statement from the applicant’s platoon sergeant which declares the applicant “explained what had happened during the attack of the enemy forces” to him on or about 27 November 1950.         

3.  Notwithstanding the applicant’s physician’s statement which shows “The right shoulder showed multiple scars of shrapnel wounds which have healed and a pigmented area suggesting retained foreign material”, there is no evidence available to the Board which shows the applicant was wounded or treated for wounds sustained as a result of hostile action.  Therefore, he is not entitled to correction of his military records to show award of the Purple Heart.

4.  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.

5.  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

JHK____  WTM_____  JPI_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990811	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.