MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                   27 June 2000
	DOCKET NUMBER:          AR2000041071

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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 DD Form 214 (Armed Forces of the United States Report of Transfer) to show award of the Purple Heart for combat wounds.

APPLICANT STATES:  In effect, that he was wounded during the Battle of Old Baldy in Korea on or about 19 September to 20 September 1952.  He also states that he was one of 13 of the 192 soldiers who survived.  He further states that a field medic who was killed in action (KIA) treated him and that filing for the Purple Heart was the least of his worries at that time.  In support of his application he submits a copy of his DD Form 214, copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a copy of his VA Rating Decision, dated 14 December 1998.

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he served during World War II. 
After a break in service, he reenlisted on 29 June 1950 as a rifleman.  He served in Korea and was honorably discharged on 28 June 1953.

The applicant’s DD Form 214 with a separation date of 28 June 1953 does not show the Purple Heart as an authorized award.  There are no orders in the applicant’s records which awarded him the Purple Heart. 

Item 27 (Wounds Received in as a Result of Action with Enemy Forces) of the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “none”.  There is no record that he was awarded the Purple Heart.  There also is no indication he was wounded as a result of hostile action.

The applicant provided a copy of his VA Rating Decision dated 14 December 1998, which shows he was granted 0 percent for a service-connected disability for shrapnel wound to his right leg.  There also is no indication in the available records to show that he sustained a shrapnel wound as the result of hostile action.  There also are no service medical records which show that he was wounded as a result of hostile action or treated for wounds resulting from hostile action.

The applicant provided a copy of his VA Form 2507 (Compensation and Pension Exam Report) dated 13 April 1998, which indicated that he had a history of having shrapnel wound about his right tibia (the inner and larger bone of the leg below the knee) for which he received no treatment.  It also indicated that the applicant had healed scars, which were visible about the right tibia.  However, there is no evidence of these injuries or treatment in the available service medical records.

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.  The Board noted the applicant’s contentions that he was wounded during the Battle of Old Baldy in Korea on or about 19 September to 20 September 1952 and that a field medic who treated him was KIA.  However, there is no evidence 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 during the Battle of Old Baldy in Korea on or about 19 September to 20 September 1952.

2.  Notwithstanding the VA Rating Decision which awarded the applicant
service-connected disability for shrapnel wound to his right leg; there is no medical evidence which shows that he was wounded as a result of hostile action.  Therefore, he is not entitled to award of the Purple Heart.

3.  The Board notes the applicant contends he has a history of a shrapnel wound
of his right tibia for which he received no treatment, which is shown on his VA Compensation and Pension Exam.  However, there is no evidence of record that shows that the shrapnel wound to his right tibia was the result of hostile action.

4.  The applicant bases his request for the Purple Heart on VA records which are not supported by his service medical records.  Additionally, the applicant authenticated his discharge document attesting to the fact he was not wounded “as a result of action with enemy forces” and was not awarded the Purple Heart.  The preponderance of evidence of record does not support award of the Purple Heart in this case.

5.  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 the aforementioned requirement.

6.  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:

MDM____  WTM___  CLG_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000041071	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000627	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19530628	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.