MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 October 2000   
	DOCKET NUMBER:   AR2000045036

	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. Elzey J. Arledge		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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:  In effect, that he sustained a shrapnel wound to his left hand in combat in Korea.  He contends that the platoon medic (later killed in action) offered to list his injury for an award of the Purple Heart at the time of treatment; however, the applicant refused to avoid notifying (and frightening) his family.  He also contends that now he would like to make his grandchildren proud.  In support of his application, he submits a letter, dated 11 July 2000, to the Army Personnel Center in St. Louis, MO; an undated letter of explanation; and a photograph of two soldiers with the caption “BATTLE WEARY from fighting on Old Baldy.”

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

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 
7 November 1951, served in Korea and was honorably released on 
26 August 1954.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214 states “NA”. 

Section 8 (Wounds Received Through Enemy Action) on the applicant’s DD Form 230 (Service Record) is blank.

The applicant’s separation medical examination conducted on 26 August 1954 makes no mention of any injuries or wounds sustained as a result of hostile action in Korea.

There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  

The applicant provided a photograph which he contends is a picture of himself with a bandage on his left hand in Korea.  He contends that this is an official U.S. Army photograph taken in July 1952 by a Signal Corps photographer.  He also contends that this photograph is in the U.S. Army Signal Corps Archives and shows his name as the subject of the photograph and “Old Baldy” as the place where the picture was taken.  There is no evidence that this injury was the result of hostile action. 

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 photograph and the applicant’s contention that he sustained a shrapnel wound to his left hand in combat in Korea.  However, there is no evidence of record available to the Board which shows that he was injured or treated for wounds as a result of hostile action in Korea.

2.  Evidence of record shows the applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart.

3.  The preponderance of evidence in this case shows 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 this award.

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

EJA____  ALR_____  BFH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000045036	
SUFFIX		
RECON		
DATE BOARDED	20001031	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19540826	
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.