MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 November 2000                   
	DOCKET NUMBER:   AR2000043969

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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, correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Purple Heart (PH).

APPLICANT STATES:  In effect, that his DD Form 214, clearly indicates that he was in combat and received wounds as a result of combat action.

EVIDENCE OF RECORD:  The applicant’s military records are not available.  Those portions of his service medical records pertaining to his claim injury are available.

The applicant enlisted in the Regular Army on 2 August 1950, for 3 years.

The applicant’s DD Form 214 item 29, (Wounds Received as a Result of Action with Enemy Forces) shows that the applicant sustained an injury to his right hand.  However, the medical records available to the Board show that on
8 February 1952, in the vicinity of Kunhwa, Korea the applicant was performing his assigned duties when a 76-mm recoilless rifle, which he was loading, exploded injuring his right hand.

The Office of the Surgeon General Hospital Admission Cards show that the applicant was evacuated to the U.S. Army Hospital, Camp Atterbury, Indiana for treatment of an accidental hand wound.

On 11 May 1953, the applicant was honorably discharged.  He completed
2 years, 9 months and 9 days of creditable active service.  His DD Form
214, shows that he was awarded the Korean Service Medal w/1 campaign star and the Combat Infantryman Badge.  It does not show that he was awarded the PH.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Forces who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

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.  The evidence available to the Board clearly shows that the applicant was wounded.  However, the evidence also shows that the applicant was performing his assigned duties and was not in hostile action when the accidental injury to his hand occurred.  Therefore the applicant does not meet the criteria for the award of the PH.

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___  __tsk___  __wdb___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043969	
SUFFIX		
RECON		
DATE BOARDED	20001102	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.