MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 April 2001     
	DOCKET NUMBER:   AR2001052206

	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. John N. Slone		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Barbara J. Ellis		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:  Five additional awards of the Purple Heart.  

APPLICANT STATES:  In effect, that he is entitled to five additional awards of the Purple Heart for knee injuries and for a rat bite to his left ear.  He contends that as a point man for Company F, 31st Infantry Regiment, 7th Infantry Division in Korea in 1952 he received treatment by the company medic on four different occasions for bloody knee injuries after he returned to his company from combat missions.  Also, he was treated for a rat bite to his left ear by the company medic.

EVIDENCE OF RECORD:  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 26 March 1948.  He served as a clerk and was honorably discharged on 15 February 1950.  He reenlisted on 31 July 1950, served as an infantryman in Korea and was honorably discharged on 30 July 1953.  The applicant entered active duty again on 30 December 1954, served as a legal clerk and was honorably discharged on 7 December 1957. 

The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), which was authenticated in his own hand, shows one award of the Purple Heart for wounds sustained on 23 June 1952.

There is no evidence in the available records which shows the applicant was injured or wounded five more times as a result of hostile action in Korea.  

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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.
  
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.  Evidence of record shows the applicant was wounded on 23 June 1952 as a result of hostile action in Korea and awarded the Purple Heart.

2.  Evidence of record also shows the applicant signed his DD Form 214 on 
30 July 1953 attesting to the fact he was entitled to one award of the Purple Heart.

3.  The preponderance of evidence in this case shows the applicant was wounded once, not six times.  Therefore, the applicant is not entitled to correction of his records to show five additional awards of the Purple Heart (correctly known as the Purple Heart (Fifth Oak Leaf Cluster)).

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

JNS_____  CLG____  BJE_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001052206	
SUFFIX		
RECON		
DATE BOARDED	20010419	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530730	
DISCHARGE AUTHORITY	AR 615-360  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.