MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 September 2000                   
	DOCKET NUMBER:   AR2000040072

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		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:  That his records be corrected to show he was awarded the Purple Heart.  

APPLICANT STATES:  That he was issued the Purple Heart for a combat wound received in October 1952.  He provides a field medical report dated 14 October 1952 as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from his Report of Separation from the Armed Forces of the United States, DD Form 214, and from VA documentation.

The applicant entered active duty on 3 January 1952.  

The field medical report provided by the applicant shows that he was treated for combat fatigue on 14 October 1952.

On 15 December 1953, the applicant was released from active duty.  His DD Form 214 shows he was awarded the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, the National Defense Service Medal and the Combat Infantryman Badge.  Item 29 does not show that he was wounded in action.

A VA medical examination dated 8 January 1996 noted that the applicant had received a combat wound (a 3-inch gunshot wound fragment scar) in October 1952 in the anterior distal right thigh superficially which was cleansed and sutured in the field.  

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action 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 notes that the field medical report provided by the applicant to support his request shows only that he was treated for combat fatigue, not for a wound received in action.

2.  Although the VA evidence shows that the applicant has a scar caused by a gunshot while in combat and that the injury was treated in the field, that VA documentation is dated more than 40 years after the fact.  Without more contemporary evidence to show that the applicant received that scar as a result of being wounded in combat, the Board concludes that there is insufficient evidence to show that he met the criteria for award of the Purple Heart.

3.  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

__cla___  __wtm___  __tbr___  DENY APPLICATION

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

INDEX

CASE ID	AR	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.