MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 December 2000                   
	DOCKET NUMBER:   AR2000046339

	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. James P. Huber 		Chairperson	
	Mr. Raymond J. Wagner 		Member	
	Mr. Kenneth L. Wright 		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 he never received the Purple Heart for injuries sustained during the Korean War.  He contends that his face is permanently scarred from a shell explosion.  In support of his application, he submits a copy of a Privacy Release Form executed on 14 April 1999; and a copy of a letter, dated 6 November 1997, from the applicant to the Board for Correction of Military Records. 

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

The applicant enlisted in the Regular Army on 5 January 1948, served as a clerk typist in Korea from 13 August 1950 to 19 October 1951 and was honorably discharge on 6 January 1954.

The applicant’s records contain two DD Forms 214 (Report of Separation form the Armed Forces of the United States), which are authenticated in his own hand. Neither of the DD Forms 214 show the Purple Heart as an authorized award.  Items 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Forms 214 show the entries “N/A” and “None”. 

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

The applicant’s records contain two WD AGO Forms 24A (Service Record).  Sections 8 (Wounds Received Through Enemy Action) on the applicant’s WD AGO Forms 24A are blank.  Section 21 (Medals, Decorations, and Citations) of his Service Records do not show entitlement to the Purple Heart.  

The applicant underwent a physical examination on 19 January 1951 for reenlistment.  This examination makes no mention of any wounds sustained as a result of hostile action.  On 6 January 1954 the applicant underwent a separation physical examination which also makes no mention of any wounds sustained as a 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.  There is no evidence of record, and the applicant has provided no convincing evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action in Korea.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  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.

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

JPH____  RJW_____  KLW____  DENY APPLICATION

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

INDEX

CASE ID	AR2000046339	
SUFFIX		
RECON		
DATE BOARDED	20001219	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19540106	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.