MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 December 2000
	DOCKET NUMBER:   AR2000047551

	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.  

APPLICANT STATES:  In effect, that he received a concussion and sprained back in Korea in 1951.  He contends that he provided evidence which verifies his stay at D Mash Hospital and that the chaplain’s letter verifies at least his sprained back.  He also contends that the medical report shows he was in Clearing Company, 15th Medical Battalion, in November 1951 in Korea for six days with a concussion and sprained back.  In support of his application, he submits copies of burned medical and service records.     

The applicant states that he submitted a letter from a chaplain with his application; however, this letter was not attached to his application.

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 
12 March 1951.  He served in Korea and was honorably released on 16 January 1953.

Items 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) and 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 are partially burned.  However, section 8 (Wounds Received Through Enemy Action) on the applicant’s service record is blank and section 9 (Medals and Decorations) does not show entitlement to the Purple Heart.

There are no orders in the available records which show that the applicant was awarded the Purple Heart.  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 in Korea.  

The applicant provided a partially burned medical document which shows the entries “Flu, March 51, Tilton Gen. [General]  Hosp. [Hospital], Fort Dix, 1 week” and  “pruritis anus, Nov 51, 15th Med [Medical], B. Clr [Clearing] Co. [Company], Korea”.  There is no evidence that these conditions were 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.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was injured or treated for wounds as a result of hostile action in Korea.  Therefore, the applicant is not entitled to correction of his military records to show 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

RVO____  JPI_____  EWL_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047551	
SUFFIX		
RECON		
DATE BOARDED	20001207	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530116	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.