MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 September 2000 
	DOCKET NUMBER:   AR2000040828

	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. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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, award of the Purple Heart.  

APPLICANT STATES:  In effect, that he was presented the Purple Heart by a brigadier general after being wounded in the leg on 14 June 1952 in Korea.  He contends that he was hospitalized and told the paperwork would catch up with him but it never did.  He states that he has been working toward correcting this error for the last 48 years in order to receive this award given to him on the field of combat.  In support of his application, he submits his medical records and pages from his personnel files. 

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

The applicant completed over 20 years of active duty service on 31 December 1976 when he retired in the rank of sergeant first class.

His records show that he served as a tanker in Korea from 19 January 1952 through 14 August 1952 and was honorably released on 8 April 1953. 

The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 8 April 1953, which is authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Korea.

Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 states “None”.  Section 8 (Wounds Received Through Enemy Action) on his DD Form 230 (Service Record) is blank.  Section 9 (Medals, Decorations, and Citations) on his DD Form 230 does not show entitlement to the Purple Heart.    

Evidence of record shows that on 6 April 1953 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  

There is no evidence in the medical records provided by the applicant which shows that he was wounded as a result of hostile action on 14 June 1952. 

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, 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 Board noted the applicant’s contention that he was presented the Purple Heart after being wounded on 14 June 1952.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action in Korea.

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

3.  The preponderance of evidence in this case shows that he was not wounded or otherwise entitled to the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.   

4.  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.

5.  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

HOF____  JPI_____  RKS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000040828	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530408	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.