MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           3 April 2001
	DOCKET NUMBER:   AR2000049368

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas F. Baxter		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 was wounded/injured on three occasions while in combat in Korea, that he was treated by a medic, that it was never reported and that at the time of separation he was anxious to get out so he said nothing.  He goes on to state that his first injury occurred when he was shot off a hill and dislocated his shoulder, the second injury occurred when he was hit in the chin by shrapnel and the third injury occurred when he was hit on the finger by enemy fire.  He continues by stating that at the time of the occurrence he was young and reckless and did not think it worth reporting.  However, after 50 years he has changed his mind.  In support of his application he submits a copy of his report of separation (DD Form 214).

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri which destroyed millions of service records.  However, documents obtained from alternate sources as well as the DD Form 214 provided by the applicant show: 

He was inducted on 2 October 1950, served overseas for 11 months and 9 days, was awarded the Army Commendation Ribbon with metal pendant, the Korean Service Medal with two bronze stars and the Combat Infantryman Badge.

He continued to serve until he was honorably released from active duty at Fort Lee, Virginia on 1 July 1952 and was transferred to the Enlisted Reserve Corps in the rank of sergeant.  He had served 1 year and 9 months of total active service.

A review of his final separation medical examination revealed no indication of any injuries or wounds incurred during his active service.

Army Regulation 600-8-22 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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.  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.

2.  The available evidence of record fails to show that the applicant was wounded/injured as a result of enemy action or that his wounds/injuries were treated by medical personnel and made a matter of official record.  Therefore, he is not entitled to be awarded the Purple Heart for his injuries.

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

__tb ____  ___jm___  ___wtm__  DENY APPLICATION

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

INDEX

CASE ID	AR2000049368	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/03	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.