MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 March 2001
	DOCKET NUMBER:   AR2001051567

	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. 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:  That his records be corrected to show the award of the Purple Heart with four oak leaf clusters.

APPLICANT STATES:  That during his war years in Korea, he sustained five separate and distinct wounds in direct combat.  He states that due to the high tempo of combat, paperwork documenting his wounds was minimal.  In support of his appeal he submits three statements that he made to the Department of Veterans Affairs dated 19 March 1993, 13 September 1993 and 14 February 1994, indicating what he believes to be the events that took place when he was wounded; a Report of Medical Examination for Disability Evaluation dated 20 June 1994, that he submitted to the Veterans Administration describing his medical history; a statement signed by an individual dated 17 December 1995, who states that he was the senior medic that treated the applicant’s wound to the upper area of his right ankle; a statement signed by another individual dated 26 August 1993, indicating that he was a medic in the infantry and explaining the events that he remembered; a letter signed by his wife dated 20 June 1994, attesting to his condition since his discharge from the Army; copies of the Command Reports of the 40th Infantry Division, 224th Infantry for the period covering 1 February to 29 February 1952, 1 March to 31 March 1952 and 1 April to 24 April 1952 detailing the events that took place while he was assigned to that unit.

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 alternate sources.  However, the documents provided by the applicant show that he was inducted into the Army on 8 November 1950 and he successfully completed his training as a light weapons infantryman.

His awards include the Army of Occupation Medal (Japan), the Korean Service Medal with one bronze service star, the United Nations Service Medal and the Combat Infantryman Badge.

The applicant was honorably discharged on 24 October 1952 after he completed 1 year, 11 months and 17 days of total active service.

Item number 29 on the applicant’s Report of Separation or Discharge (DD Form 214) indicates that he received no wounds as a result of action with enemy forces.

The Command Report that he submitted in behalf of his application clearly reflects the activities of the 40th Infantry Division, 224th Infantry between 1 February and 24 April 1952.  However, the Command Report does not indicate that the applicant was one of the enlisted members that were wounded as a result of action with enemy forces.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was the result of hostile action, the wound/injury 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 available evidence fails to clearly 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.

3.  The Board has noted the documentation that the applicant has submitted in support of his appeal; however, the Command Report which would have been accepted as appropriate documentation, does not specify that he was one of the members of the 224th Infantry that was wounded in action.  Therefore, without more specific evidence to support his claim of being wounded/injured as a result of enemy action, there is no basis to award him the Purple Heart.

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

__wdp __  ___bjl ___  __rwa___  DENY APPLICATION

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

INDEX

CASE ID	AR2001051567	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/03/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.