MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             24 October 2000                  
	DOCKET NUMBER:     AR2000040716

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Edwin S. Castle		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 he be awarded the Purple Heart.

APPLICANT STATES:  That he was never recognized by his chain of command for injuries suffered during the Korean War.  His injuries and service were not properly recorded and he failed to be recognized with an award commensurate with his injuries and service.

In support of his request, he has included a copy of his DD Form 214 (Report of Separation), a copy of his Honorable Discharge from the US Army Reserve, a letter from a Department of Veterans Affairs (DVA) physician dated 10 June 1999 outlining the injuries sustained by the applicant both during and following the Korean War and a letter of support from a US Army Recruiting Command company commander which encloses a lengthy statement from the applicant together with pictures and numerous letters of support and training certificates received in his civilian capacity.

EVIDENCE OF RECORD:  The applicant's military records  were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from documents provided by the applicant and reconstructed records.

He was inducted on 12 April 1951 and served with the 194th Combat Engineer Battalion in Korea from approximately October 1951 to August 1952.  He was honorably released and transferred to the Enlisted Reserve Corps (ERC) on 16 January 1953 to complete his remaining military service obligation.  He was honorably discharged from the ERC on 15 March 1957 in the grade of corporal. The record reflects that he had no lost time during his active duty service.

Awards reflected on his DD Form 214 include the Korean Service Medal with Two Bronze Service Stars and the United Nations Service Medal.  The Purple Heart is not shown as an authorized decoration.

Item 29 (wounds received as a result of action with enemy forces) of his DD Form 214 contains the entry “None”.

The supporting letter from the DVA physician indicates that the applicant was engaged in combat on numerous occasions and sustained injuries as a result of small arms fire, grenade shrapnel, being struck with a rifle and injuries from gasoline fire burns and a jeep accident.

The applicant’s personal statement contends that he suffered many of the same injuries pointed out by the DVA physician and includes a witness statement claiming that the applicant was seriously injured in a jeep accident.  The statement does not describe the circumstances of the accident.
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 by a medical officer, and the medical treatment must have been made a matter of official record.

The same regulation provides, in pertinent part, that the Good Conduct Medal (GCM) is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.  For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  

The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.  The United Nations Service Medal (UNSM) is awarded for service in Korea during the same period.

DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, lists units, which have been awarded unit citations, battle credit and foreign awards.  The register shows that the 194th Combat Engineer Battalion was awarded the Republic of Korea Presidential Unit Citation for the period 19 September 1950 to 31 July 1952. 

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 has not submitted and the available records do not contain any evidence showing that he was wounded in action and that those wounds were recorded in official records.

2.  While he alludes to having suffered wounds as a result of enemy action, and the DVA physician’s letter refers to scars and/or treatment which he says were the result of such injures, there is no evidence that his injuries were a direct result of enemy action, a necessary prerequisite for award of the Purple Heart.  In the absent of such evidence, there are no grounds for this Board to award the Purple Heart.

3.  Nonetheless, based on the applicant’s service including the period of time he served in Korea, he is entitled to certain other awards including: the GCM (for the entire period of his honorable active service from 12 April 1951 to 16 January 1953), the NDSM, the UNSM and the Republic of Korea Presidential Unit Citation.  The Army Review Boards Agency Support Division, St. Louis will be requested to administratively correct the record.
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.

NOTE:  The Army Review Boards Agency Support Division, St. Louis, Missouri will be instructed to issue the applicant the GCM (for the period 12 April 1951 to 16 January 1953), the NDSM, the UNSM and the Republic of Korea Presidential Unit Citation, together with the necessary correction to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mkp  _  ___jtm __  ___esc__  DENY APPLICATION

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

INDEX

CASE ID	AR2000040716	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
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.  107.00		
2.		
3.		
4.		
5.		
6.