MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 March 2000     
	DOCKET NUMBER:   AR1999028147

	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. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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) with an effective date of 
17 November 1951 to show award of the Purple Heart.

APPLICANT STATES:  In effect, that he sustained shrapnel wounds to his right forearm and right leg in Korea in February 1951.  In support of his application, he submits a copy of VA Form 2507 (Compensation and Pension Exam Report) dated 14 January 1999, a DD Form 214 with an effective date of 17 November 1951 and a WD AGO Form 53 (Enlisted Record and Report of Separation) with an effective date of 13 January 1949.

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 that the applicant enlisted on
12 September 1947.  He served as a light artillery crewman and was honorably discharged on 13 January 1949 and transferred to the USAR.  He was called from inactive duty on 10 October 1950, served as an infantryman in Korea and was honorably discharged on 17 November 1951. 

The applicant’s DD Form 214 with an effective date of 17 November 1951, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 

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.  Item 
29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 states “None”.

The applicant provided a copy of VA Form 2507 (Compensation and Pension Exam Report), dated 14 January 1999, which shows the applicant reported that he was hit with a shrapnel on the right side of his body in the Korean War, that one piece lodged in his right forearm and surgery was performed in a field hospital.  The examining provider indicates that the applicant has a probable piece of metal in his right forearm and that he has scars on his right forearm, right leg and right thigh.  The VA Form 2507 also states “IMPRESSION:  Multiple wounds from shrapnel apparently with one residual piece in the right forearm.”     

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.  The Board noted the VA Form 2507 submitted by the applicant.  However, this document is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart.

2.  Evidence of record shows the applicant signed his DD Form 214 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

RGH___  MDM____   JPS____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028147	
SUFFIX		
RECON		
DATE BOARDED	20000329	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19511117	
DISCHARGE AUTHORITY	AR 615-363-5  	
DISCHARGE REASON	Released to Reserve Component	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.