MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 April 2001     
	DOCKET NUMBER:   AR2001052767

	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	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

APPLICANT STATES:  That he was wounded in Korea and treated for a left leg shrapnel wound at the 44th Surgical hospital and never received a Purple Heart. In support of his application, he submits a Memorandum, dated 25 January 2001, from the Veterans Services Division in Visalia, California; a VA Rating Decision, dated 29 April 1999; numerous copies of medical records dated 1954; Reports of Medical Examination, dated 6 March 1952 and 13 September 1954; a copy of his DD Form 214; and an Honorable Discharge Certificate from the USAR, dated
1 March 1961. 

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 was inducted on 20 November 1952.  He served as an infantryman in Korea and was honorably released on 14 September 1954 and transferred to the USAR.  The applicant was honorably discharged from the USAR on 1 March 1961.

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) of the DD Form 214 states “None”. 

There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  

The applicant provided a copy of a medical record, dated 20 April 1954, which shows he sustained a penetrating missile wound to his left lower leg and left lateral aspect of his nose during a training period when a grenade exploded in the unit training area in North Korea on 20 April 1954.  He provided documentation which shows that an informal report was conducted to determine as to the line of duty status (i.e. in the line of duty, willful misconduct, negligence or intemperate use of alcohol or drugs) for this injury.  The applicant also provided VA documentation and medical records which indicate that he was wounded in Korea on 20 April 1954.  However, there is no evidence that this injury 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 the applicant was wounded on 20 April 1954 during a training period in North Korea, not as a result of hostile action.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action during the Korean War.  Therefore, he is not entitled to correction of his military records to show 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___  RTD_____  DPH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001052767	
SUFFIX		
RECON		
DATE BOARDED	20010412	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19540914	
DISCHARGE AUTHORITY	AR 615-360-5  	
DISCHARGE REASON	Released to Army Reserve	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.