MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 August 2000
	DOCKET NUMBER:    AR2000039141

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Joe R. Schroeder		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, that his military records be corrected to show he was awarded the Purple Heart.

APPLICANT STATES:  That he received a wound to his right ear, forehead and neck during a mortar attack in North Korea.  He states the paperwork for the Purple Heart was completed and lost.  He attempted unsuccessfully several times to locate the paperwork.

In support of his application he submits a Department of Veterans Affairs compensation letter notifying him that due to defective hearing his disability is increased to 100%

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

He served in the National Guard from 28 December 1949 – 1 February 1950.  He served the following periods in the Regular Army:  2 February 1950 – 8 January 1954, 12 February 1954 - 11 February 1960, 1 March 1960 – 28 February 1966, and lastly 1 March 1966 until his honorable discharge for retirement on 
31 August 1970.  The applicant served as an infantryman and mortarman and served in combat in Korea from approximately 7 July 1950 – 29 July 1951.

There are three DD Form 214s (Separation Document), on file which the applicant authenticated.  None show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart.  His medical records could not be located.  

The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

On 3 April 1952 the applicant was involved in an automobile accident.  He was admitted to the hospital with wounds to the face and neck and a concussion.

On 12 February 1954 the applicant authenticated, a medical checklist that he had no eye, ear, nose or throat trouble. There are no entries regarding treatment for a combat related wound.

On 27 April 1970 the applicant again authenticated, a medical checklist that he had no eye, ear, nose or throat trouble, but he did have runny ears and hearing loss.  There is a handwritten note from the examining physician that applicant had a history of ear infections and a shrapnel wound of neck from 1950.

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. 

Title 38, United States Code, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  In accordance with its own policies and regulations, the VA awards compensation based on an evaluation by that agency.  The VA is not, however, required to determine that an injury or wound resulted from enemy action.

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.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Neither is there evidence that a unit or hospital commander recommended him for the Purple Heart. 

2.  The VA rating did not indicate that the applicant was wounded as a result of enemy action that required treatment by a medical officer.  The VA rating in and of itself is not sufficient to support the award of the Purple Heart.  Therefore, the applicant is not entitled to the award.

3.  The applicant authenticated medical records, several DD Forms 214 and    DA Form 20.  None of these authenticated documents show the Purple Heart as an authorized award or that the applicant sustained a wound as a result of hostile action.  His records do provide evidence of an automobile accident and hearing infections as possible explanation for his scars and hearing loss.  Lastly, the applicant severely hindered his claim by waiting almost 50 years to request an inquiry into this matter.  The lengthy time period has contributed to the inability to obtain verifying medical records.  The unknown whereabouts and/or the passing of his former comrades and eyewitnesses, prevents the verification of the applicant’s scenario of events.  Therefore, his request for the Purple Heart must be denied.
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

___sac _  ___bje____  __jrs ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039141	
SUFFIX		
RECON		
DATE BOARDED	20000831	
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.