MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 March 2000     
	DOCKET NUMBER:   AR1999027718

	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. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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:  Award of the Purple Heart.  

APPLICANT STATES:  In effect, that while fighting in Korea, he was evacuated from the front lines with a head wound, a sprained shoulder and combat exhaustion.  In support of his application, he submits a letter dated 24 July 1998 wherein he inquires about two unknown Vietnamese decorations that he was authorized but not issued and the contention that he could purchase them at his own expense if desired; a Purple Heart Medal for his head wound, sprained shoulder and combat exhaustion in Korea; and the circumstances surrounding a sanity test which he believes resulted in him not being promoted to Master Sergeant.  He also submits a 1 September 1998 letter from the U.S. Army Reserve Personnel Command and an 8 September 1998 letter from the National Personnel Records Center.   

The Board notes that the 8 September 1998 letter from the National Personnel Records Center responds to the applicant’s aforementioned inquiries and provided him with an application to respond further to this Board.  However, regarding the unknown Vietnamese decorations, the applicant’s personnel records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 10 April 1980, which shows he was notified that he was authorized the Vietnamese Cross of Gallantry with Palm Unit Citation and the Republic of Korea Presidential Unit Citation.  He was also advised that these are foreign awards and not items of issue by the Department of the Army, but may be purchased from civilian dealers in military insignia.            

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

The applicant completed over 20 years of active duty before retiring in the rank of sergeant first class on 31 May 1968 and transferring to the USAR.  He was recalled to active duty on 1 August 1969 and relieved from active duty on
31 January 1972 and placed on the retired list.

The applicant’s personnel records contain six DD Forms 214 (Report of Transfer or Discharge).  The applicant’s DD Form 214 with an effective date of 7 July 1954, covering his service in Korea, 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 applicant’s DD Form 214 with an effective date of 7 July 1954 states “NONE”.  Section 8 (Wounds Received Through Enemy Action) of the applicant’s DA Form 230 (Service Record) covering the period 21 July 1950 to 7 July 1954 is blank.

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 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.  Although the applicant contends that he was wounded in Korea, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action. 

2.  Evidence of record shows the applicant signed his DD Form 214 with an effective date of 7 July 1954 attesting to the fact he was not entitled to award of the Purple Heart.

3.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show 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

JMA____  TSK_____  AAO_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027718	
SUFFIX		
RECON		
DATE BOARDED	20000322	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19720131	
DISCHARGE AUTHORITY	AR 635-200 Paragraph 5-3  	
DISCHARGE REASON	Release from active duty and revert to retired list prior to expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.