MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            19 April 2001
	DOCKET NUMBER:   AR2000050280

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Curtis L. Greenway		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 on 18 September 1951 and he chose not to leave his unit.  He states that he was treated several days later at a battalion aid station for burns on his face and for a swollen knee. He concludes by stating that as a result of his injury, he was sent to a mobile Army surgical hospital in January 1952 for knee pain.  In support of his appeal, he submits a letter dated 4 June 1999, from an individual who states that he was the operations officer for the 3rd Battalion, 32nd Infantry on 18 September 1951 when they were ambushed and suffered numerous casualties.  He also submits a letter from an individual who states that he was overseas in Korea in 1951 and that the applicant was his assistant gunner at the time that he was hit by some of the blast from a 57 recoilless rifle.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from his Report of Separation (DD Forms 214).

On 12 January 1951, he enlisted in the Army for 3 years in the pay grade of E-1. He successfully completed his training as an infantry operations chief.

His awards include the Korean Service Medal w/two Bronze Service Stars, the Combat Infantryman Badge, the United Nations Service Medal, the Good Conduct Medal and the National Defense Service Medal.

On 11 January 1954, he was honorably discharged at the expiration of his term of service after he had completed 3 years of total active service.  The Report of Separation (DD Form 214) that he was issued at the time of his discharge shows that he received no wounds as a result of action with enemy forces.

On 19 August 1954, he enlisted in the Navy for 4 years.  During this period of enlistment, he was awarded the Good Conduct Medal.  He was honorably discharged on 16 July 1958, after he completed 3 years, 10 months and 28 days of total active service in the Navy.

A review of the available documented information fails to show that the applicant was ever wounded as a result of hostile action with enemy forces.

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 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.

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 Board has noted the applicant’s contentions and the letters submitted in his behalf.  However, there is no evidence in the available records that show that the applicant was ever wounded as a result of action by the enemy.

3.  The DD Form 214 issued to him at the time of his discharge from the Army clearly shows that he received no wounds as a result of action by the enemy and he signed the DD Form 214 acknowledging that the contents therein were correct.  In the absence of documented evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

__be____  ____js __  __clg____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050280	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000.0000	
2.  61	107.0015.0000	
3.		
4.		
5.		
6.