MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           5 January 2000   
	DOCKET NUMBER:   AR1999021770

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Mr. John D. Miller		Member	
	Mr. James M. Alward		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:  In effect, that he sustained a shoulder injury when his jeep struck a land mine or was hit by enemy mortars.  He contends that he was hospitalized for one month and was offered the Purple Heart but he refused it because his mother had a heart condition and it would have upset her.  In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), a copy of his separation examination, a copy of his preinduction examination, VA documentation dated
18 January 1996, and a VA Rating Decision dated 17 January 1996.      

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

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant was inducted on 23 April 1951, served in Korea and was honorably discharged on 18 February 1953.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the available records that shows the applicant 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”. 

The applicant provided a copy of his separation examination which shows “Dislocated left shoulder in Korea.  Treated with cast.” in item 73 (Notes (Continued) and Significant or Interval History) on the Standard Form 88 (Report of Medical Examination).  There is no evidence that this injury was the result of hostile action.   

The applicant provided a copy of a VA Rating Decision, dated 17 January 1996, which grants service connection for left shoulder at 20 percent.  The decision also states “The veteran’s residual dislocation of the left shoulder was incurred in service.  Service connection is granted for as the evidence shows onset of the condition(s) during military service.”

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 sustained a shoulder injury when his jeep struck a land mine or was hit by enemy mortars.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or treated for wounds sustained as a result of hostile action in Korea. 

2.  Evidence of record shows the applicant signed his DD Form 214 attesting to the fact that he was not entitled to award of the Purple Heart.  Therefore, he is not entitled to correction of his military records to show 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

EJO____  JDM_____  JMA_____  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999021770	
SUFFIX		
RECON		
DATE BOARDED	20000105	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530218	
DISCHARGE AUTHORITY	AR 615-363  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.