MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            2 February 2000
	DOCKET NUMBER:   AR1999020787

	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.

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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 (Armed Forces of 
the United States Report of Separation) with an effective date of 18 July 1956
be corrected to show he was awarded the Korean Campaign Ribbon with four bronze battle stars, the Combat Infantryman Badge (CIB) and the Purple Heart.

APPLICANT STATES:  In effect, that the aforementioned awards are not
shown on his DD Form 214 with an effective date of 18 July 1956.  He also states that his rank at the time of separation on his DD Form 214 with an effective date of 18 July 1956 was SP4 instead of SP3.  In support of his application he submits a copy of his DD Form 214 with an effective date of 29 July 1952 and 18 July 1956 and a 3rd Infantry Division Certificate.

EVIDENCE OF RECORD:  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 that the applicant enlisted on 7 October 1948.  He served in Korea for approximately 
1 year, 6 months and 1 day and was honorably discharged on 29 July 1952 in order to reenlist.  He reenlisted on 30 July 1952 and continued to serve until he was honorably discharged on 18 July 1956.

The applicant’s DD Form 214 with an effective date of separation of 29 July
1952 shows he was awarded the Combat Infantryman Badge, the United Nations Service Medal and the Korean Service Medal with four bronze service stars.  This discharge document does not show the Purple Heart as an authorized award.

The applicant’s DD Form 214 with an effective date of 18 July 1956 shows he was awarded the National Defense Service Medal and the Good Conduct Medal.

Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 with an effective date of 29 July 1952, 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.

The applicant’s DD Form 214 issued on 18 July 1956, which is authenticated in his own hands, shows that in item 3a (GRADE, RATE OR RANK) the entry SP3(T).

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.

Army Regulation 635-5 provides instructions for the preparation of the DD Form 214.  It states, in pertinent part, that the item for decorations and awards will be completed to show the decorations awarded or authorized during the period covered by that particular DD Form 214.

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 applicant’s DD Form 214 with a separation date of 29 July 1952 correctly
shows he was awarded the Korean Service Medal with four bronze service stars and the Combat Infantryman Badge.  Therefore, he is not entitled to correction of his DD Form 214 with an effective date of 18 July 1956 to show these same awards.

2.  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 award of the Purple Heart.

3.  There is no evidence in the available records to show that he was advanced higher than pay grade SP3(T) prior to his discharge.  Therefore, there is no basis to correct his DD Form 214.

4.  In order to justify correction or 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

CMF____  JEA_____  LE______  DENY APPLICATION

						Karl F. Schneider
				    Director, Army Review Boards Agency

INDEX

CASE ID	AR1999020787	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	200001202	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19560718	
DISCHARGE AUTHORITY	AR 635-205	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  1021		
3.		
4.		
5.		
6.