MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 January 2000                  
	DOCKET NUMBER:    AR1999028312

	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. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright 		Member	
	Mr. Luther L. Santiful		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:  That he sustained a ruptured right eardrum in Korea in 1951 and is entitled to award of the Purple Heart.  In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), his VA Compensation Claim and the VA Rating Decision. 

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 was ordered to active duty on 28 September 1950.  He served as a cannoneer in Korea and was honorably discharged on 29 August 1951. 

The applicant’s DD Form 214, 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 VA Rating Decision, dated 15 May 1999, which shows he was rated 0 percent for bilateral hearing loss.  The decision also states “The veteran noted that while in Korea there was a flash back on the right side of the face in 1951 while firing cannons causing injury to the right ear.  The right ear began to bleed.  He was treated by field medics and never consulted a physician.”     

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.  Notwithstanding the VA documentation submitted by the applicant, there is no evidence available to the Board which shows that he was wounded or treated for wounds due to hostile action in Korea.     

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

JNS____  INW_____  LLS_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028312	
SUFFIX		
RECON		
DATE BOARDED	20000112	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19510829	
DISCHARGE AUTHORITY	SR 615-363-5  	
DISCHARGE REASON	Released to ERC	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.