MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 August 2001                   
	DOCKET NUMBER:   AR2001056156

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Ms. Gail J. Wire		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 he be awarded the Purple Heart.  He also requests issuance of the Korean Service Medal and the United Nations Service Medal.

APPLICANT STATES:  That around Christmas 1952, he set off for 45th Division
Headquarters with his driver.  His driver became ill so he took over as driver.  Everything went well until the Chinese (or North Koreans) started bombing the area and it started snowing.  The snowfall increased, and most of the time he was keeping his head outside the jeep for a better view.  A near explosion kicked up debris that nicked his left eye.  Finally, they reached the 279th Medical Company area.  He was given emergency treatment for his eye, then he was flown to Division Headquarters.  From there he was medically evacuated to Tokyo.  He also states that he was never issued the Korean Service Medal or the United Nations Service Medal.  He was able to locate and now provides his Report of Separation, DD Form 214, along with other supporting evidence as listed on the DD Form 149.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from alternate sources.

He had prior enlisted service from 1943 – 1944.  He was called to active duty as a commissioned officer on 7 January 1952.

On 27 December 1952, the applicant was hospitalized.  An Office of the Surgeon General Hospital Admission Card indicates that he was treated for rheumatoid arthritis, iritis (inflammation of the iris), and periodontoclasia.  The cards indicate injury or disease was field caused and nonbattle but it is not clear if the injury or disease referred to was the arthritis, the iritis, or the periodontoclasia.

On 1 May 1953, the applicant was separated by reason of a disability but it cannot be determined which injury or disease was the disabling condition. 

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.

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.  The Board appreciates the applicant’s wartime service in Korea.  However, while there is evidence to show he was treated for iritis, there is no substantiating evidence to show how he came by this condition.  He provides no corroborating evidence to confirm his account of the incident.  In the absence of substantial corroborating evidence, the Board cannot determine if the injury was incurred under the criteria required for award of the Purple Heart.

2.  Since it appears the applicant was never issued the Korean Service Medal or the United Nations Service Medal, it would be appropriate to issue those medals to him, if available.

3.  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.

NOTE:  The Army Review Boards Agency, Support Division, will be directed to authorize issuance of the Korean Service Medal and the United Nations Service Medal, if available, to the applicant.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__inw___  __fne___  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056156	
SUFFIX		
RECON		
DATE BOARDED	20010809	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.