MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            15 August 2000                  
	DOCKET NUMBER:   AR2000040065

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr. 		Chairperson	
	Mr. Arthur A. Omartian 		Member	
	Ms. Gail J. Wire 		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 Bronze Star Medal and the Purple Heart.

APPLICANT STATES:  That he should be awarded the Bronze Star Medal because he participated in three campaigns during the Korean War and was awarded the Combat Infantryman Badge.  He also contends that he should be awarded the Purple Heart for wounds received in combat.  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) and a copy of his WD AGO Form 
53 (Honorable Discharge). 

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

The applicant enlisted on 3 September 1946, served as a heavy mortar crewman in the Mediterranean Theater of Operations from 13 December 1946 through
18 October 1947 and was honorably discharged on 3 November 1947.  The applicant was called from inactive duty on 31 October 1950.  He served as an infantryman in Korea from 30 December 1950 through 17 October 1951 and was honorably discharged on 14 November 1951.  

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal or the Purple Heart as authorized awards. 

There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Bronze Star Medal.  Section 21 (Medals, Decorations, and Citations) of his WD AGO Form 24A (Service Record) does not show entitlement to the Bronze Star Medal.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  Item 
29 (Wounds Received as a Result of Action With Enemy Forces) on his DD Form 214 shows “None”.  Section 8 (Wounds Received Through Enemy Action) of his WD AGO Form 24 A (Service Record) is blank and Section 21 (Medals, Decorations, and Citations) does not show entitlement to the Purple Heart.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

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.

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 applicant’s contention that he should be awarded the Bronze Star Medal because he participated in three campaigns during the Korean War and was awarded the Combat Infantryman Badge was noted by the Board.  However,  there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the applicant was recommended for or awarded the Bronze Star Medal.  Therefore, he is not entitled to correction of his military records to show award of the Bronze Star Medal.      

2.  The Board noted the applicant’s contention that he was wounded in combat.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the applicant was wounded or treated for wounds as a result of hostile action.

3.  The applicant signed his DD Form 214 attesting to the fact that he was not entitled to the Purple Heart.

4.  The preponderance of evidence in this case shows that the applicant 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 this 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

TDH____  AAO____  GJW____  DENY APPLICATION

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

INDEX

CASE ID	AR2000040065	
SUFFIX		
RECON		
DATE BOARDED	20000815	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19511114	
DISCHARGE AUTHORITY	AR 615-363-5  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.		
4.		
5.		
6.