MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 August 2000                  
	DOCKET NUMBER:   AR2000037656

	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.

	Mr. Carl W. S. Chun		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		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 records to show the second award of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)) for wounds he received during the Korean War.

APPLICANT STATES:  In effect, he is entitled to correction of his records to show two awards of the Purple Heart.  

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

The applicant entered active duty on 27 July 1948.  He served in Korea and Japan and was discharged on 3 January 1953.

The applicant’s DD Form 214 (Report of Separation from Active Duty) shows one award of the Purple Heart.  

The applicant’s personnel records contain a certificate which shows he was awarded the Purple Heart for wounds sustained on 27 July 1950 during the Korean War.  However, there are no orders in his records which show that he was awarded the second award of the Purple Heart.  There also is no evidence in his records that he was injured or wounded a second time as a result of hostile action in Korea.  

The applicant provided a 20 December 1994 statement from a fellow soldier at the time in question.  This statement attests that the applicant was in a vehicle that struck a land mine and the driver was injured.  The applicant provided a second statement which was dated 5 August 1999.  This statement is consistent with the first statement; however, neither statement indicates the applicant was wounded, injured or treated medically.

Army Regulation 600-8-22 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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.  Evidence of record shows the applicant was wounded on 27 July 1950 as a result of hostile action in Korea and was awarded the Purple Heart.

2.  Notwithstanding the applicant’s contention that he is entitled to the second award of the Purple Heart for wounds he sustained in the Korean War, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds due to hostile action on a second occasion.  

3.  The Board notes the statements from former fellow soldiers in support of the applicant's claim for the second award of the Purple Heart.  However, they do not indicate the applicant was wounded or injured.  Absent any other corroborating evidence, these statements alone, over 50 years after the fact, are not sufficient as the basis for award of the Purple Heart (First Oak Leaf Cluster).

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 this 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

SK_____  JEA_____  REB_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000037656	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000808 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.