MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           8 March 2000                   
	DOCKET NUMBER:   AR1999029027

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, 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:  Correction of his discharge document to show award of the Purple Heart.  

APPLICANT STATES:  In effect, that while splicing phone wire in Korea and upon hearing incoming mortar rounds he jumped into a foxhole and injured his left leg.  He contends that he thought he had a cramp or hamstring so he did not report to sick call.  However, about 10 days later his leg turned black and he underwent surgery in Korea and was sent to the 382nd General Hospital in Japan to recover.  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).

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 on
19 April 1951.  He served as a field artilleryman in Korea and was honorably discharged on 22 April 1953. 

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”.

Medical records show the applicant was admitted to the 25th Evacuation Hospital in Korea for surgical observation of a mass in his left thigh dating back to a fall in a “spread leg position” in November 1952.  The applicant underwent exploratory surgery on 20 February 1953 and the surgery revealed a muscle hernia.  The applicant was sent to the 382nd General Hospital in Japan for convalescence on 9 March 1953. There is no evidence this injury was the 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.  The Board noted the applicant’s contention that he injured his left leg when he jumped into a foxhole in Korea.  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.  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

RVO____  EJA_____  EWL____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029027	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530422	
DISCHARGE AUTHORITY	AR 615-360  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.