MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            30 March 2000                  
	DOCKET NUMBER:   AR1999028794

	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:

	Ms. Barbara J. Ellis 		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 military records to show award of the Purple Heart.  The applicant also states that certain dates of service involving “15 October 1950 to 30 October 1950” are incorrect; however, his specific request cannot be determined.  As a result, that portion of his request to change dates of service is not considered in this Memorandum of Consideration. 

APPLICANT STATES:  In effect, that he was wounded by the explosion of a 155mm artillery round sometime in Korea in 1951.  In support of his application, he submits a DA Form 1577 (Authorization for Issuance of Awards) dated
30 September 1991 and a statement in Spanish from a fellow soldier who contends that the applicant was injured by a 155mm artillery round and was taken to the hospital in Korea in 1951. 

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 inducted in the Army of the United States on 3 September 1946.  He was honorably discharged on 20 September 1946 to enlist in the Regular Army.  The applicant enlisted in the Regular Army on 21 September 1946 and was honorably discharged on 
12 March 1948 and transferred to the USAR.  He was recalled to active duty on 17 August 1950, served in Korea and was honorably discharged on 30 October 1951. 

The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 30 October 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”.

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 applicant’s contention that he wounded by the explosion of a 155mm artillery round in Korea in 1951.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds due to hostile action in Korea.  

2.  The Board also noted the statement in Spanish from the fellow soldier.   However, this statement made approximately 48 years after the fact is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded. 

3.  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.

4.  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.

5.  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.

6.  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

BJE ____  HOF_ ___  EWL________  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028794	
SUFFIX		
RECON		
DATE BOARDED	2000/03/30	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19511030	
DISCHARGE AUTHORITY	AR 615-363-5  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.