MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 December 2000
	DOCKET NUMBER:  AR2000040653

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz Jr.		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:  Correction of his records to show award of the Purple Heart and all other awards that he did not receive.

APPLICANT STATES:  In effect, that he was burned during combat operations at “Heartbreak Ridge” and as a result of the burns that he received he was hospitalized during the months of March and April in 1953.  Further, he states that he is entitled to other awards that he has never received.  He submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) in support of his request.  He also claims that there is a witness to his injury, but he failed to provide any eye-witness or other statements to support his claim.

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

That on 10 July 1952, he was inducted into the Army of the United States for a period of 2 years.  He served in Korea with the 179th Infantry from 31 January 1953 through
23 April 1954.

The applicant's DD Form 230 (Service Record), in section 8 (Wounds), shows that he received no wounds or burns due to engagement with enemy forces.

On 27 April 1954, the applicant underwent a medical examination.  His Standard Form 88 (Report of Medical Examination) shows no mention of scars, wounds or burns that he sustained as a result of hostile action.

On 28 April 1954, he was honorably discharged.  He had completed 1 year, 9 months, and 19 days of active military service.  Both his DD Form 230 and his DD Form 
214 show that he is entitled to award of the National Defense Service Medal, the Korean Service Medal, the Combat Infantryman Badge, the United Nations Service Medal and two overseas service bars.  The applicant’s DD Form 230 does not show that he was ever issued any of the awards to which he is entitled.  

Neither his DD Form 214 nor his DD Form 230 show that he was authorized award of the Purple Heart as a result of injuries that he received as a result of hostile action.

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.  Sustaining 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 applicant may obtain awards that he is entitled to receive by writing:  The National Personnel Records Center, ATTN:  Army Medals, 9700 Page Avenue, St. Louis, Missouri  63132-5100.
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.  There is no medical evidence of record which shows that the applicant was treated for burns to his body as a result of hostile action. 

3.  Further, the applicant provided no official Department of Veterans Affairs or medical records that would substantiate his contentions.

4.  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

___kak__  __ewl____  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040653	
SUFFIX		
RECON		
DATE BOARDED	20001221	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR615-360  	
DISCHARGE REASON		
BOARD DECISION	(NC)	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A92.04	
2.		
3.		
4.		
5.		
6.