MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            18 October 2001
	DOCKET NUMBER:   AR2001058607

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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 for injuries received while fighting in Korea.

APPLICANT STATES:  That he was not awarded the Purple Heart for wounds received while fighting in Korea.  He further states that he was hit in the back of the head with a gun butt and received shrapnel wounds to the left leg and feet.

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, reconstructed records show:

He initially served 3 years, 8 months and 1 day of active service, of which 11 months and 5 days were spent overseas.

He enlisted in Richmond, Virginia on 19 September 1952 at the age of 21, for a period of 3 years.  He served as a signal message clerk until he was discharged under other than honorable conditions at Fort Knox, Kentucky on 8 January 1954, after having served 1 year, 3 months and 11 days of active service during his current enlistment.  He had 9 days of lost time and was discharged in the pay grade of E-2.

He applied to the Army Discharge Review Board (ADRB) on 21 August 1956 for an upgrade of his discharge and the ADRB upgraded his discharge to a general discharge.

Hospital admission cards obtained from the Department of the Army Office of the Surgeon General indicate that the applicant was hospitalized in Korea on 11 July 1950 for combat exhaustion.  He was classified as a non-battle casualty, not a former prisoner of war, and was returned for general duty.

Although the records are very limited, a review of the available records fails to show that the applicant was ever wounded/injured to the extent that he qualifies for award of the Purple Heart.

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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 evidence of record fails to clearly show that the applicant was wounded/injured as a result of enemy action or that his wounds were treated by medical personnel and made a matter of official record. 

3.  The Board has noted the applicant’s contentions; however, neither the evidence submitted with his application or the evidence contained in the available records show that he is entitled to an award of the Purple Heart.  Inasmuch as the Board is not an investigative agency, the Board must presume, in the absence of evidence to the contrary, that what the Army did was correct at the time. 

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

___fe ___  ___mm__  ___be___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058607	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.