MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:  23 August 2001
	DOCKET NUMBER:  AR2001059191

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Paula Mokulis		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was awarded the Purple Heart.

APPLICANT STATES:  That he was wounded during the period of 31 October to 1 November 1951 and that he was injured by a hand grenade.  In support of his application he submits a copy of his DD Form 214.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 20 March 1951.  He served in Korea and was honorably discharged on 10 March 1953.

The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  

The applicant’s records contain a copy of a Surgeon General’s Office (SGO) Hospital Listing, which shows that the applicant received a non-battle injury
on 25 October 1951 while serving in Korea.  He was diagnosed as having an abscess, trunk, without lymphangitis (inflammation of a lymphatic vessel or vessels), and was returned to duty.

The applicant’s records contain an additional SGO Hospital Listing, which shows that he was admitted to the hospital on 2 February 1952 as a non-battle casualty. He was diagnosed as have an abrasion (to include friction burn) to his leg which occurred while performing his assigned duties. 

Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214, which was authenticated in his own hand, shows the entry “None.”  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

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 notes the applicant’s contentions that he was wounded during the period of 31 October to 1 November 1951 and that he was injured by a hand grenade.  However, there is no evidence in the available record, and the applicant has provided no evidence, to support his contentions.

2.  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.

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

__jk___  ___tl___  __pm____   DENY APPLICATION

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

INDEX

CASE ID	AR2001059191	
SUFFIX		
RECON		
DATE BOARDED	20010823	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19530310	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.