MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 July 2001
	DOCKET NUMBER:   AR2001056977

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		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:  In effect, that he be awarded the Purple Heart (PH).

APPLICANT STATES:  In effect, that on 20 July 1950, he received a shrapnel wound to his left leg in Taejon, Korea.  He indicates that he removed the shrapnel from his leg and provided medical treatment to himself because he was a unit medical corpsman (Medic) and had been behind enemy lines for 
20 days.  In support of his application, he provides the enclosed witness statement. 

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of the applicant’s separation document and other available files. 

The applicant’s separation document confirms that he entered the Army on 
10 May 1948, and served for 3 years, 10 months, and 29 days until being honorably released from active duty on 9 April 1952.  This document also shows that during his tenure on active duty he attained the rank of corporal and earned the Korean Service Medal, Army of Occupation Medal (Japan), and Combat Medical Badge, the PH was not among the listed awards.  Block 29 (Wounds Received In Action) of his separation document contains the entry “NA”, which indicates he was never wounded in action.  

The witness statement provided by the applicant indicates he observed the applicant sleeping on a jeep when two North Korean tanks began to fire.  He further comments that both enemy tanks were destroyed by bazooka fire and exploded.  He saw the jeep on which the applicant was sleeping on fire and remembers thinking that no one could survive the jeep fire.  He indicates that about a week later he saw the applicant, who had cuts on his legs, which the applicant told him was the result of shrapnel wounds he received from the jeep fire.  

Army Regulation 600-8-22 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.  The Board noted the applicant’s claim of entitlement to the PH but finds no evidence to support this claim of entitlement.  The supporting witness statement confirms only that he was viewed sleeping on a jeep that was later seen on fire and that he told this witness a week later that he sustained shrapnel wounds from that jeep fire.  There is no other evidence to corroborate this claim. 

2.  In the absence of official medical records verifying that the applicant was treated for a wound sustained as the result of enemy action, as is required by regulation, the Board concludes there is an insufficient evidentiary basis to justify awarding him the PH. 

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 the aforementioned 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

__JNS__  __ MVT __  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2001056977	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/0724	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.