MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 December 2000                 
	DOCKET NUMBER:   AR2000046694

	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. Raymond V. O’Connor 		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Ernest W. Lutz 		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 and the Combat Infantryman Badge.  

APPLICANT STATES:  That he is entitled to these awards.  In a letter contained in the available records, the applicant states that his left eye was wounded by a sniper bullet when it ricocheted off a concrete dryer drum in Korea.  He contends that a medic checked his eye, said it was a burn, applied some ointment and told him it would go away.  He also contends that two months later the same eye was injured with lead from a battery arc.  In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); a letter from the American Legion dated 21 August 2000; VA Rating Decisions dated 16 February 2000 and 13 April 2000; and numerous copies of medical records.    

COUNSEL CONTENDS:  The American Legion, as counsel for the applicant, noted that the applicant served during the Korean War and that his military occupational specialty (MOS) appears to have been in engineering.  Counsel reiterated that the applicant is requesting entitlement to the Combat Infantryman Badge based on his combat experiences and the Purple Heart based on an injury to his eye when wounded by enemy fire.  Counsel points out that the applicant submitted VA records showing that service connection has been awarded for the injury to his eye and that service medical records show that he was treated for the removal of two small foreign bodies from his cornea.    

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 was inducted on 
8 February 1951, served in Korea and was honorably released on 23 January 1953.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.  

Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 states “NONE”. 

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 copy of WD AGO Form 8-23 (Dispensary Request for Consultation), dated 16 December 1952, which shows that two small foreign bodies were removed from his cornea.  There is no evidence this injury was the result of hostile action in Korea.

The applicant also provided copies of VA Rating Decisions, dated 16 February 2000 and 13 April 2000, which show that the applicant was granted service connected compensation for Post Traumatic Stress Disorder, perforated right eardrum and superficial scar of the cornea.     

There are no orders for award of the Combat Infantryman Badge in the available records.  

The available records show the applicant served in MOS 1319 (engineer equipment mechanic) assigned to an engineer construction battalion. 

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.

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

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 contention that his left eye was wounded by a sniper bullet when it ricocheted off a concrete dryer drum in Korea.  The Board also noted the medical records and the VA documentation provided with his application.  However, there is no evidence or 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.  Although the applicant contends that he is entitled to award of the Combat Infantryman Badge, there is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge.  The applicant was not awarded an infantry military occupational specialty.  He did not serve in an infantry unit or infantry position in combat during his assignment in Korea.  Therefore, the applicant was not eligible for award of the Combat Infantryman Badge at the time of his service in Korea and there is no basis for award of the Combat Infantryman Badge to him now.  

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 this 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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RVO___  JPI_____  EWL_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000046694	
SUFFIX		
RECON		
DATE BOARDED	20001207	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530123	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.