MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           22 March 2001                 
	DOCKET NUMBER:   AR2000046848

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Regan k. Smith		Member	
	Mr. John P. Infante		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: That he be awarded the Purple Heart.

APPLICANT STATES: That he should receive the Purple Heart for an injury incurred in combat.

In support of his request, he submits a letter from the Veterans Administration (VA) which states that they determined that his scar, right temporal region, was incurred during service.  It was also determined that this disability, together with his service-connected disability of scar, grenade fragments, left hand and fingers were not disabling. 

EVIDENCE OF RECORD: The applicant’s personnel records were most likely lost or destroyed in the National Personnel Records Center fire of 1973.  The information herein was provided by the applicant.

A DD Form 214 (Separation Document) shows he was inducted on 12 October 1950, was trained as an infantryman, achieved the rank of sergeant and was honorably discharged on 1 October 1952.  His separation document does not show the Purple Heart as an authorized decoration.

AR 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 by a medical officer, and the medical treatment must have been made a matter of official record.

The applicant submitted no sworn affidavits, eyewitness statements, orders, corroborating statements from commanders, leaders, fellow comrades or health care personnel who had personal knowledge of the circumstances and events relative to this request.

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 letter sent by VA to the applicant at best is evidence that the applicant had received medical treatment.  The letter provides no details of the circumstances of the injuries nor does it confirm that the injuries were the result of enemy action.

2.  In the absence of more convincing information showing that his injuries were a direct result of enemy action, there is insufficient justification to award the Purple Heart.

3.  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.

4.  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

___SLP _  ___RKS _  ____JPI _  DENY APPLICATION

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

INDEX

CASE ID	AR2000049081	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.