MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 February 2000
	DOCKET NUMBER:   AR1999025849

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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, correct the applicant’s medical records to show the little finger of his right hand, instead of his left hand, was injured and award him the Purple Heart for his injury.

APPLICANT STATES:  In effect, that the little finger of his right hand, not his left hand, was injured.  In support of his application, the applicant submitted a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), 22 pages of service medical records and 3 pages of Department of Veterans Affairs (DVA) medical records. 

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 he entered active duty on 14 February 1951.  He served in Korea for one year and was honorably discharged on 13 February 1954.

The applicant’s DD Form 214, which was authenticated in his own hand at the time of discharge, does not show the Purple Heart as an authorized award in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  Item 27 (Wounds Received as a result of action with Enemy Forces) of the applicant’s DD Form 214 shows the entry “None”.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. 

Service medical records provided by the applicant show that on 27 October 1951 he sustained “burn over entire face”.  There is no indication in the available records what caused this injury.  

Nine pages of the service medical records provided by the applicant show treatment for an accidental injury to the left little finger.  A unit casualty tag shows that, on 7 June 1953 at 2000 hours, the applicant was diagnosed with “Laceration of finger” and Partial laceration of extensor tendon?”.  A War Department Medical Form 55A (Clinical Record Brief) states that the applicant was accidentally injured On 7 June 1953 when his left fifth finger was crushed while unloading a trailer near Saemel, South Korea. 

Clinical records, dated 9 November 1953 and 28 December 1953, show that the applicant was treated at the U.S. Army Hospital at Camp Carson, Colorado, for chronic bursitis of the left knee resulting from an accidental injury in May 1953 when the applicant slipped striking his knee against a rock at Kumwha, North Korea.  The clinical record indicates that the cause of the injury as listed on the clinical record is based on the “patient’s statement”.  The applicant underwent surgery at Camp Carson, Colorado, for this condition and was discharged from the hospital on or about 28 December 1953.

A report of DVA disability medical evaluation shows the post operative excision of the bursa for bursitis as described; “Left hand, no abnormality found; Right hand: “Residual contracture and cicatrix for old injury as described.” 

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.

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 service medical records which show that the applicant’s little finger of his left hand was injured on 7 June 1953 in Korea.  The Board also noted the DAV evaluation which shows that the applicant’s right hand had sustained an injury. 

2.  It is the policy of this Board not to correct or alter service medical records.  Such records reflect the observations and opinions of medical examiners at the time they were recorded and constitute prima facie evidence of the fact or facts recorded.  These facts are subject to further proof or disproof by certain evidence which the Department of Veterans Affairs is authorized to determine as having higher evidential value for that agency’s determination of the facts relating to the physical condition of a claimant at any given time.  Therefore, the Board has determined that the service medical records provided by the applicant in support of his application will not be amended.

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to 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

FE______  KAK____  RA______  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025849	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000215	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19540213	
DISCHARGE AUTHORITY	AR 615-360.  .  .  .  .  	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.	100.00	
3.		
4.		
5.		
6.