MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       .

	BOARD DATE:              9 March 2000
	DOCKET NUMBER:     AR1999027332

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas D. Howard		Member	
	Ms. Carol Jo Suiter		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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was awarded the Purple Heart.

APPLICANT STATES:  In effect, that he received a combat injury while serving in Korea.  In support of his application he submits a copy of WD AGO Form 8-26 (Casualty Report) dated 18 February 1954.

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 15 May 1953.  He served in Korea and was honorably discharged on 30 December 1955.

The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  

The WD AGO Form 8-26 prepared on the applicant at 17th Collecting Station on 18 February 1954 shows the entry “7932 Observation Surgical (Poss, Fx. [Possible Fracture] Left Forearm)”.

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 record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

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.  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 while serving in Korea.  Therefore, he is not entitled to the Purple Heart.

2.  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.

3.  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

JH___ _  TDH  __ _  CJS__ __  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027332	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000309	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19551230	
DISCHARGE AUTHORITY	AR 615-362	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.