MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 February 2001  
	DOCKET NUMBER:   AR2000050223

	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:

	Ms. June Hajjar		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. Harry B. Oberg		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:  In effect, that he is entitled to the Purple Heart for injuries sustained (beaten on his face) while he was a prisoner of war in Korea.  He contends that he is service connected for Raynard’s Disease and Post Traumatic Stress Disorder with a 100% rating.  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) and a DD Form 215 (Correction to DD Form 214). 

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 enlisted on
28 September 1948, served in Korea and was honorably discharged on
23 October 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 “NA” [not applicable].

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.  There also is no evidence of a repatriation physical examination in the available records.

Item 5 (Qualifications/Specialty Number or Symbol) on the applicant’s DD Form 214 shows the entry “NA” [not applicable].  

The applicant’s DD Form 214 shows that his most significant duty assignment was the 38th Infantry Regiment of the 2nd Infantry Division in Korea.   

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

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 considered the applicant’s contention that he was beaten on his face while he was a prisoner of war.  However, there is no evidence of record available to the Board which shows that he was injured or treated for wounds as a result of hostile action in Korea before he became a prisoner of war or while he was held captive.

2.  The preponderance of evidence in this case shows he was not wounded or otherwise entitled to the Purple Heart during his service in the Korean War.  Therefore, the applicant is not entitled to correction of his military records to show this award.

3.  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.  Evidence of record does show that he served in an infantry regiment during his assignment in Korea.  However, there is no evidence that the applicant was awarded an infantry military occupational specialty or that he served in ground combat 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.  

4.  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.

5.  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

JH_____  SP______  HBO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050223	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19531023	
DISCHARGE AUTHORITY	AR 615-360  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.