MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 February 2000                  
	DOCKET NUMBER:   AR1999027337

	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:

	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:  Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.  

APPLICANT STATES:  In effect, that in May 1953 while a member of the
45th Infantry Division, while assaulting an enemy position in Korea, he was hit with shrapnel from an enemy mortar and severely wounded.  He contends that he was medivaced to the rear and treated.  He also contends that he anticipated receiving the Purple Heart, but never did for unknown reasons.  He goes on to state that as a result of an administrative error by his unit’s administration his combat wound was never annotated in his service records.  In support of his application, he submits a copy of his DD Form 214.  

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

The applicant was inducted on 5 March 1953.  He served as a light weapons infantryman in Korea from 8 September 1953 to 10 January 1955 and was honorably discharged on 31 January 1955.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214, shows the entry “NA” [not applicable].

Section 8 (Wounds Received Through Enemy Action) of the applicant’s WD AGO Form 24 (Service Record) is blank.

There is no evidence in the applicant’s personnel records that show he was injured or wounded as a result of hostile action in Korea.

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.  Contrary to the applicant’s contention that he was wounded in May 1953 in Korea, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded as a result of hostile action in Korea.  Therefore, he is not entitled to correction of his DD Form 214 to show award of 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.

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

FE______  KAK____  RA______  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027337	
SUFFIX		
RECON		
DATE BOARDED	20000215	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19550131	
DISCHARGE AUTHORITY	SR 615-363-5 & SR 615-360-5	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.