MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           3 April 2001                 
	DOCKET NUMBER:   AR2000050395

	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. W. E. Schnupp		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 there is no record of his wound received when his jeep was hit by enemy fire.  He contends that he was taken to a makeshift field hospital and received 11 stitches in his right arm 2” below his elbow.  The scar is still visible.  The medical station was later demolished and destroyed with his records. 

In support of his request, he submits a copy of a picture of the jeep he was driving showing a hole in the windshield from the shrapnel that wounded him and a copy of his DD Form 214, Report of Separation.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center (NPRC).  Information herein was derived from information provided by the applicant.

He was inducted on 31 July 1952, was assigned to the 388th Chemical Smoke Generator Company in Korea for approximately 1 year and was honorably released to the US Army Reserve on 11 May 1954 to complete his universal military training and service obligation.

His awards include the Korean Service Medal with 2 Bronze Service Stars, the National Defense Service Medal, the United Nations Service Medal, the Good Conduct Medal and the Meritorious Unit Commendation.

Block 29 (wounds received as a result of action with enemy forces) of his             DD Form 214 contains the entry “NA”.

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 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.  From an evidentiary standpoint, the picture of a damaged jeep does not provide sufficient proof that the driver sustained wounds that would merit the award of the Purple Heart.

2.  Regrettably, the applicant’s records were lost in the fire at the NPRC, so there are no official documents available to support his contention that he was wounded.  Also, his DD Form 214 makes no mention of wounds received in action.

3.  While the Board has no reason to doubt the statement of events he has provided regarding his wounding, such individual statements are acceptable only where corroborating evidence is available from official sources.  In the absence of evidence showing that he was wounded as a result of hostile action, there are no grounds for this Board to award the Purple Heart. 

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 satisfies 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

___wtm__  ____jtm _  ___tb____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050395	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010403	
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.  107.00		
2.		
3.		
4.		
5.		
6.