MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           11 December 2001                           
	DOCKET NUMBER:   AR2001060437

	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. Karol A. Kennedy		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Thomas E. O'Shaughnessy, 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:  Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart (PH).

APPLICANT STATES:  That he needs the PH to establish service-connected disability.  He states that he was wounded on 9 July 1953 at Pork Chop Hill, while he was serving with the 7th Division, 8th Army.  He was treated and hospitalized at the 11th Evacuation Hospital, Wonju, Korea.  He submits in support of his request a copy of his DD Form 214.

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.

On 11 December 1952, the applicant enlisted in the Regular Army for 3 years and served in military occupational specialty (MOS) 911.10 (Medical Aidman).  He arrived in the Republic of Korea on 18 June 1953 and was assigned to the Medical Company, 32nd Infantry Regiment, 7th Infantry Division.  

On 8 July 1953, the applicant was at the front in a foxhole when he began to experience paralysis in both legs and, apparently, passed out.  When he awoke, he was in an aid station.  On 11 July 1953, he was evacuated to the 25th Station Hospital where he was observed for a possible concussion, a bilateral, inguinal hernia, and immaturity reaction with symptomatic "habit" reaction.  He was found to have no apparent injuries, no concussion, and no apparent medical or neurological disease.  However, he presented with difficulty standing and walking due to pain from the bilateral inguinal hernia and medical evacuation to Japan for a herniorrhaphy was recommended.  The applicant refused the operation and was removed from the evacuation list.

On 14 July 1953, the applicant was returned to duty.  The doctor noted that the applicant's condition was not so severe as to explain his apparent disability and stated that his limp became more acute only after he was informed that he would not be evacuated to Japan.  The doctor stated, "It seems certain that this patient, when returned to duty, will use his limp and hernias to the utmost in maneuvering his situation.  Therefore, it is felt wise to obtain psychiatric opinion as to what disposition should be made."  The applicant was given a psychiatric consultation and it was felt that he should be returned to duty with a profile because of his hernias and his immature reaction.  It was felt that, "If he is still unable to function in a useful capacity, he may then be separated on a 369 [AR 615-369 - inaptitude or unsuitability] by his unit."

The available evidence does not clearly state the exact date that the applicant left Korea.  However, he has 1 year, 4 months and 12 days of Foreign Service.

On 12 December 1955, the applicant was honorably separated and transferred to the United States Army Reserve.  His DD Form 214, in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show that he was authorized award of the National Defense Service Medal, the Korean Service Medal with 1 bronze service star, the Meritorious Unit Commendation and the United Nations Service Medal.  Item 29 on the applicant's DD Form 214 show that on 9 July 1953, he was wounded as a result of action with enemy forces while assigned to Korea.  However, there are no orders in the applicant’s service personnel records which show he was awarded the PH.

AR 600-8-22 provides, in pertinent part, that the 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.

Army Regulation 600-8-104 (Military Personnel Information management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  A DD Form 214 alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

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 Board concludes that the entry on the applicant's DD Form 214 appears to be an administrative error.  The available evidence indicates that the applicant was discovered "paralyzed" in his foxhole.  He was evacuated to the 25th Station 

Hospital where his only medical problem was determined to be a pre-existing, bilateral, inguinal hernia.  He was seen by a psychiatrist who diagnosed him as having an immaturity reaction and recommended that he be returned to duty for possible separation based on inaptitude or unsuitability. 

3.  There is no evidence of record that indicates the applicant was injured as a result of action with enemy forces, that the wound required medical treatment or that the medical treatment was made a matter of official record.  

4.  There are no orders in the applicant's records awarding him the PH.

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

__KAK__  __REB __  __TEO __  DENY APPLICATION

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

INDEX

CASE ID	AR2001060437	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011211	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19551212	
DISCHARGE AUTHORITY	AR635-250 and AR615-360 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0030	
2.		
3.		
4.		
5.		
6.