MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 September 2001  
	DOCKET NUMBER:   AR2001058281

	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. Raymond V. O’Connor		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. Thomas E. O’Shaughnessy		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, correction of his military records to show that he was injured in the line of duty and award of the Purple Heart.
 
APPLICANT STATES:  That his records are in error as a result of a massive fire to the National Personnel Records Center in St. Louis, Missouri, as indicated in the attached letter from the Director of the location.  In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); a letter from the National Personnel Records Center, dated 9 January 2001, to a Member of Congress; a copy of his DD Form 217A (Certificate of Service); his Honorable Discharge Certificate; a copy of his Certificate of Naturalization, dated 6 June 1955; and a medical record, dated 
1 June 2001.  

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 10 December 1952.  He served in Korea and was honorably released on 14 October 1954 and transferred to the U.S. Army Reserve.

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) on the DD Form 214 states “None”. 

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

The applicant provided a copy of a Certificate of Naturalization, dated 6 June 1955, in support of his claim.  The section which states “Personal description of holder as of date of naturalization” shows the applicant reported that he had “Gun shot scars left leg” in the entry “visible distinctive marks”.

The applicant also provided a medical record, dated 1 June 2001, in support of his claim.  The medical record indicates that the applicant appeared at the clinic to request a letter of support in his search for recognition and possible compensation for war time injuries.  The applicant reported that he sustained multiple fragment wounds to his left leg as a result of mortar fire from the North Koreans in February 1953.  His physical examination revealed seven separate scars on his left leg.  However, there is no evidence these scars were the 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.

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 considered the applicant’s contention that he sustained multiple fragment wounds to his left leg as a result of mortar fire in February 1953 in Korea.  However, there is no evidence of record, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action in Korea.

2.  The Board considered the applicant’s contention that his records are in error as a result of a massive fire to the National Personnel Records Center in St. Louis, Missouri.  However, evidence of record shows the applicant signed his discharge document on 14 October 1954 attesting to the fact that he did not receive any wounds as a result of action with the enemy and was not entitled to award of the Purple Heart.  The National Personnel Records Center fire was in 1973, almost 20 years later.

3.  The Board also considered the Certificate of Naturalization and medical record provided by the applicant in support of his claim.  However, there is no evidence of record which shows the applicant’s scars on his left leg were the result of hostile action in Korea.  Therefore, the applicant is not entitled to correction of his military records to show that he was injured in the line of duty or entitled to the Purple Heart.  

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

RVO___  ENA_____  TEO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001058281	
SUFFIX		
RECON		
DATE BOARDED	20010927	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	17.0015	
2.		
3.		
4.		
5.		
6.