MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           6 November 2001 
	DOCKET NUMBER:   AR2001058805

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Donald P. Hupman, Jr.		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 (PH).

APPLICANT STATES:  That, on 8 November 1951, he sustained a hearing loss in his right ear when a shell burst while involved in hostile action.  He states that only those individuals who were badly wounded were evacuated to the rear.  He adds that he did not even realize that his hearing in his right ear had been affected until he left Korea and went to Japan.  It was not until he was being discharged that he inquired about the PH and was told that he could not receive it unless he had sustained a "blood wound."  He believes that this is not fair.  In support of his application, he submits a Korean War article from an unidentified source, and a copy of his DD Form 214, Report of Separation From the Armed Forces of the United States.  

EVIDENCE OF RECORD:  The applicant’s military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from a reconstructed record which consist of Morning Reports for 7 and 27 October 1951; two DD Forms 214 (Report of Separation from the Armed Forces of the United States) for the periods 2 May 1951-1 May 1954 and 10 December 1954-26 March 1955; and a letter from the Disabled American Veterans (DAV), dated 26 July 1961.

The applicant's DD Form 214 shows that he enlisted in the Regular Army (RA) on 
2 May 1951 and served until he was honorably discharged on 1 May 1954.  He completed 3 years of active military service.  

The exact dates of the applicant's Korean service are unknown.  However, Morning Reports dated 7 and 27 October 1951 indicate that the applicant served with Company I, 7th Cavalry Regiment in Pohung-Dong, Korea.  

The applicant's DD Form 214 shows that he was awarded the Good Conduct Medal; the Army of Occupation Medal with Japan Clasp; the National Defense Service Medal; the Korean Service Medal with 2 Bronze Service Stars; the Combat Infantryman Badge; and the United Nations Service Medal.  

There is no documentation in his records to prove that the applicant was ever wounded in combat.  Block 29 (Wounds Received As a Result of Action with Enemy Forces) of his DD Form 214 indicates that he suffered no wounds.  

The applicant had a short break in service.  On 10 December 1954, he reenlisted in the RA, but served only until 26 March 1955 when he was honorably discharged under the provisions of Army Regulation 635-205 for the convenience of the government.  He completed 3 months and 7 days of active military service on this enlistment and a total of 3 years, 3 months, and 7 days for both enlistments.
On 26 July 1961, a letter from the DAV indicates that an audiogram test showed the applicant had complete loss of hearing in the right ear, however, with "air conduction" his hearing loss was reduced to 57%.  The Department of Veterans Affairs (DVA) granted the applicant a 10% disability rating for complete deafness in the right ear.  The rating board proposed that he be reevaluated in August 1964.  There is no further evidence about his hearing loss in the available records.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) 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.  To be awarded the Purple Heart, the applicant must provide evidence to show that he was wounded and that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.  There is no such substantiating proof in the record, nor has the applicant provided any to fulfill this requirement.  The newspaper article that he submitted does not sufficiently provide a basis for award of the medal.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__DSJ __  ___EJA__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001058805	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011106	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19540501	
DISCHARGE AUTHORITY	AR615-360	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.