MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 October 2001   
	DOCKET NUMBER:   AR2001060335

	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 J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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 award of the Purple Heart.

APPLICANT STATES:  In effect, that he was wounded while on duty in Korea in 1950 and sustained a concussion which resulted in hearing loss in his right ear.  He contends that he was blown out of a foxhole and received minor flesh wounds and a concussion that damaged the nerves in his right ear.  He goes on to state that he was not treated for over a month because they were out of touch with any medical hospitals and that after being examined he was told there was no help as it was a nerve deafness.  He also contends that his injuries were not recorded in his records because he was on temporary duty from his unit to the “Raiders” and no records were kept in Korea.  In support of his application, he submits a letter of explanation dated 25 July 2001.

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

The applicant was inducted on 21 March 1945.  He served as a chief clerk in the Asiatic-Pacific Theater of Operations from 12 November 1945 through 2 October 1946 and was honorably discharged on 28 November 1946.  He enlisted on 
7 January 1948 for a period of 3 years.  He served as a light vehicle driver in Korea from 12 September 1950 through 4 April 1951 and was honorably discharged on 24 May 1951.  He reenlisted on 25 May 1951 and remained on active duty through continuous reenlistments until he was honorably discharged on 11 May 1962 by reason of hardship.      

The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 24 May 1951 does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry “None”.

There is no evidence in the applicant’s service personnel records which shows he was wounded or treated for wounds as a result of hostile action in Korea.

Section 8 (Wounds Received Through Enemy Action) on the applicant’s WD AGO Form 24A (Service Record) is blank.  Section 21 (Medals, Decorations, and Citations) on his Service Record does not show entitlement to the Purple Heart.

The applicant’s records contain a medical record, dated 11 June 1945, which shows the entry “Deafness Rt. [right] ear since childhood”.  A medical record, dated 13 June 1945, shows the entry “Deafness conductive Rt. Severe cause undetermined”.  A medical record, dated 30 January 1950, shows the entry “History of trauma in 1945 – hearing loss since that time”.

Evidence of record shows that on 23 May 1951 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  His physical profile was 111111.   

A medical record, dated 17 November 1954, shows the entry “Injury of Rt. Side of head in Korea.  Deafness in Rt. Ear since”.  However, there is no evidence this injury was the result of hostile action.  

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 was wounded while on duty in Korea in 1950 and sustained a concussion which resulted in hearing loss in his right ear.  However, medical evidence of record, dated 1945, shows the applicant had a history of deafness in his right ear since childhood, that the cause of his severe right ear conductive deafness was undetermined and that he had a history of trauma prior to his service in Korea.  
 
2.  The applicant’s separation physical examination immediately following his service in Korea, dated 23 May 1951, does not mention any wounds sustained as a result of hostile action in Korea.  Also, the applicant was found qualified for general military duty with a physical profile of 111111.

3.  The Board also considered the medical record, dated 1954, which indicates the applicant injured the right side of his head in Korea.  However, there is no evidence of record available to the Board which shows he was wounded or treated for wounds as a result of hostile action in Korea.

4.  Evidence of record shows the applicant signed his discharge document on 
24 May 1951 attesting to the fact that he was not wounded in action and was not entitled to award of the Purple Heart. 

5.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

6.  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.

7.  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

RJW___  KAN_____  REB_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001060335	
SUFFIX		
RECON		
DATE BOARDED	20011025	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.