MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 September 2000
	DOCKET NUMBER:   AR2000040546

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Elzey J. Arledge 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:  That he be awarded the Purple Heart for wounds he received during the Korean War.

APPLICANT STATES:  That he was a member of the 5th Regimental Combat Team (5th RCT).  In July 1953, he was riding in the back seat of a jeep in a convoy of vehicles that was moving up to the front lines under cover of darkness. The jeep hit a crater caused by enemy artillery and he was thrown out and fell down a mountainside.  The jeep rolled over him causing injuries to his back, knee, and mouth.  He was evacuated to Japan where he was hospitalized for several months.  He states that his DD Form 214, Report of Separation, does not mention his injury.

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

He was inducted into the Army of the United States on 18 August 1952.  Upon completion of all required military training, he was awarded military occupational specialty 1666 (Medical Aidman) and transferred to Korea where he was assigned to the 5th RCT.

The applicant's DD Form 230, Service Record, indicates that he departed the United States at Seattle, Washington on 3 February 1953 and arrived in Yokohama, Japan on 18 February 1953.  He departed Yokohama on 24 February 1953 and arrived at Inchon, Korea on 27 February 1953.  It also shows that he departed Inchon on 30 December 1953 and arrived in San Francisco, California on 14 January 1954.  In Section 8 of DD Form 230 (Wounds Received Through Enemy Action), there is no entry.

There is a handwritten note on a sheet of plain paper inserted in the applicant's Service Record which states "a) APO 52 b) Init adm:  col sta 180 Inf, 15 July 53  1.  Healed on adm."  There is no record showing a medical evacuation for any injury or wound received in Korea.  His separation physical indicates that he told his doctor that he injured his back in a jeep accident.

The applicant was given an Honorable Discharge on 20 May 1954 at Fort Campbell, Kentucky.  His DD Form 214, which the applicant authenticated with his signature, shows that he served a total of 1 year, 9 months, and 3 days of creditable service, of which 11 months and 12 days were overseas.  It shows that he was awarded the Good Conduct Medal, National Defense Service Medal, Korean Service Medal with 2 Bronze Service Stars, United Nations Service Medal, Combat Medical Badge, and the Republic of Korea Presidential Unit Citation.  Block 29 (Wounds Received As A Result Of Action With Enemy Forces) states "None."

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.  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.

2.  The applicant's records do not support his request for award of the Purple Heart.  There is a note in the applicant's Service Record to indicate that he was seen at a collection station on 15 July 1953 for an unstated complaint which was "Healed on adm[ission]."  The record does not support his contention that he was medically evacuated to Japan for treatment, showing instead that he departed Korea for the United States on 30 December 1953.

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

__rvo___  ___mkp__  __eja____  DENY APPLICATION

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

INDEX

CASE ID	AR2000040546	
SUFFIX		
RECON		
DATE BOARDED	20000914	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.