MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           12 December 2000                  
	DOCKET NUMBER:   AR2000043812

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Ms. Lana E. McGlynn 		Member	
	Mr. Harry B. Oberg 		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:  Award of the Purple Heart.  

APPLICANT STATES:  That item number 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 was marked “NA.”  However, the notation that he was awarded the Purple Heart was typed on his DD Form 214 (reverse of form) and then erroneously marked out.

He states that he fell while on patrol in Korea in July 1953, pulling his right knee out of joint, lacerating his forehead and left eye.  He was treated at the          115th Medical Battalion and then returned to his unit.  He fell again in April 1954, pulling his right knee and losing six teeth.  He was again treated at the          115th Medical Battalion.

In a 21 June 2000 letter to this Board, he states that he has written the Department of the Army eight times since 1970, and has also written to the Chief of the Military Awards Branch, who passed the buck.  He reiterated the circumstances of his injuries in 1953 and 1954.

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

The applicant’s DD Form 214 shows that he entered on active duty on               11 October 1950 and that he was discharged in the rank of Private First Class on 1 October 1954 at Fort Meade, Maryland.  He had 3 years, 11 months, and        21 days of service, with 3 years and 17 days of foreign service.  That form, as he has stated, indicates “NA” in item 29.  It does show on the reverse an entry depicting award of the Purple Heart; however, that entry is lined through, and the handwritten words “(IN ERROR) 1 OCT 54” are placed aside that entry. 

On 20 January 1995 the Chief of the Military Awards Branch at the Total Army Personnel Command informed the applicant that he was not entitled to award of the Purple Heart, and the reason therefor.

On 28 March 2000 the applicant requested assistance from a member of congress (MC) in obtaining award of the Purple Heart, providing that official essentially the same information that he furnished this Board concerning the circumstances of his injuries. 

Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a result any action against an enemy of the United States.   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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart include injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by vehicle or aircraft accident resulting from enemy fire; and concussion injuries caused as a result of enemy generated explosions.  Examples of injuries or wounds which clearly do not qualify for award of the Purple Heart include battle fatigue; disease not directly caused by enemy agents; jump injuries not caused by enemy action; and accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. 

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 provided valuable service to his country as reflected by the information contained on his DD Form 214.  His service was commendable.

2.  However, he was not wounded or injured as a result of hostile action.  He does not meet the criteria for award of the Purple Heart.  He is not entitled to that award. 

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

___fne___  ___lem__  ___hbo__  DENY APPLICATION

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

INDEX

CASE ID	AR2000043812	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001212	
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.  61	107.00	
2.		
3.		
4.		
5.		
6.