MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            15 September 1999
	DOCKET NUMBER:    AR1999025241

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Kathleen A. Newman		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 Transfer or Discharge) be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  In effect, that he was wounded on 18 September 1951 while serving in Korea and that his DD Form 214 does not show the award of the Purple Heart.  In support of his application he submits a copy of DA Form 1577 (Authorization for Issuance of Awards).

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 he entered active duty on 23 October 1950. He served in Korea and was honorably discharged on 13 August 1953.

The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “NONE”.  There is no evidence to show that he was wounded as a result of hostile action.

A VA Form 21-4138 (Statement in Support of Claim), which was authenticated in his own hand, contains the statement the he was wounded on 18 Sep 51 and to support this claim he submitted a statement and a DA Form 1577.  

A copy of his VA Claim, dated 9 January 1957, shows that he was granted 0 percent for a service-connected disability for “wound, temporal bone condition”.

A DA Form 1577, dated 15 April 1992, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Purple Heart.  

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 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded due to hostile action during his service in Korea.  

2.  The statement of a fellow soldier does not indicate he was an eyewitness or that he was wounded.  He also signed his DD Form 214, which attested to the fact he was not wounded and was not entitled to the Purple Heart. Based on the foregoing, the Board determined that the DA Form 1577, issued on 15 April 1992, is not sufficient as a basis for 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

JMA____  TSK_____  KAN_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999025241	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990915	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19530813	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.