MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 August 2001
	DOCKET NUMBER:   AR2001056038

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas Baxter		Member	
	Mr. John T. Meixell		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:  In effect, that he be awarded the Purple Heart for injuries that he received while he was in Korea and that his injuries be made a matter of official record.

APPLICANT STATES:  That he has proven to the Veterans Affairs office that he has service connected injuries and that his injuries should be included in his official military record.

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.

After he completed 1 year, 6 months and 6 days of total active service, he reenlisted in the Army on 29 September 1950.  

A review of the available medical records shows that the applicant, while in Korea, was seen by physicians on 16 October, 25 October and 9 November 1950 for flatfeet, which was incurred in the line of duty.  The medical records also show that on 7 July 1951 he sustained abrasions to his right shoulder and contusions to his chest and both shoulders after a prime mover that he was in overturned.  These injuries were also determined to have been incurred in the line of duty.

He was honorably released from active duty on 4 October 1951.  The Report of Separation (DD Form 214) that he was furnished at the time of his separation shows that he received no wounds as a result of hostile 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 Board has noted the applicant’s contentions.  However, it appears that his medical records currently reflect the injuries that he received while he was in the Army.  The applicant has submitted no evidence to show that the information contained in his records is incorrect.  

3.  Additionally, there is no evidence of record nor has the applicant submitted any evidence to show that he was wounded or injured as a result of hostile action with enemy forces.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case is correct.

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

____tb___  ___jm___  __jh ____  DENY APPLICATION

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

INDEX

CASE ID	AR2001056083	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/16	
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.