MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 March 2001                  
	DOCKET NUMBER:   AR2000050928

	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:

	Mr. Roger W. Able 		Chairperson	
	Ms. Barbara J. Lutz 		Member	
	Mr. William D. Powers 		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:  Correction of his military records to show award of the Purple Heart.

APPLICANT STATES:  In effect, that he was in action in Korea and was transferred to a hospital due to an injury sustained as a result of mortar fire.  He contends that a mortar round exploded near him, that he was knocked down and sustained an injury to his stomach which resulted in a ruptured hernia.  In support of his application, he submits a letter from a Member of Congress dated
27 October 2000; an undated letter from the applicant to the Member of Congress; an eyewitness statement dated 25 June 2000; an Honorable Discharge Certificate from the USAR dated 10 October 1956; a DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 3 July 1952; a WD AGO Form 53-55 (Enlisted Record and Report of Separation) with an effective date of 16 February 1947; an undated WD NGB Form 55 (Honorable Discharge) from the National Guard of Arizona; orders for the Korean Service Medal; orders, dated 18 September 1951, releasing the applicant from the Osaka Army Hospital; and VA documentation, dated 13 February 1985, which established Civil Service preference based on the existence of service-connected disability.   

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted in the Army of the United States on 26 September 1950.  He served in Korea from 21 December 1950 to 27 August 1951 and was honorably released from active duty on 3 July 1952 and transferred to the Enlisted Reserve Corps for completion of his Reserve obligation.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 shows the entry “NONE”. 

There is no evidence in the applicant’s service personnel records which shows that he was awarded the Purple Heart or was wounded as a result of hostile action.

Section 8 (Wounds Received Through Enemy Action) on the applicant’s Service Record is blank.  Section 21 (Medals, Decorations, and Citations) of his Service Record does not show entitlement to the Purple Heart.   

Evidence of record shows the applicant underwent a separation physical examination on 26 June 1952 which makes no mention of any wounds sustained as a result of hostile action.  This examination does indicate that the applicant was hospitalized in Japan for a rupture on 1 September 1951.  There is no evidence that this medical condition was the result of hostile action.    
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.

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.  Medical evidence of record shows that the applicant was hospitalized for a rupture in September 1951, not as a result of hostile action.

2.  There is no evidence of record, and the applicant has provided no convincing evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action in Korea.  Therefore, the applicant is not entitled to award of 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

RWA____  BJL____  WDP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050928	
SUFFIX		
RECON		
DATE BOARDED	20010308	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19520703	
DISCHARGE AUTHORITY	AR 615-363-5 	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.