MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 November 2001
	DOCKET NUMBER:   AR2001060620

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. William D. Powers		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, that he be awarded the Purple Heart (PH).

APPLICANT STATES:  In effect, that he suffered wounds to his foot as a result of stepping on a land mine while stationed in Korea.  He states that he was evacuated to Japan for medical treatment that lasted for 3 months and that his unit submitted him for award of the PH.  In support of his application, he submits a Veterans Administration (VA) claim, dated 29 May 1953, his separation document (DD Form 214), a Claim for Combat Pay form (DD Form 667), dated 24 February 1953, and associated military documents. 

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of his DD Form 214 and associated documents that were provided with his application.

The applicant’s DD Form 214 shows that he entered the Army on 16 August 1951 and was trained and served as a light truck driver.  During his active duty tenure he earned the United Nations Service Medal, Korean Service Medal with 2 bronze service stars, and Combat Infantryman Badge (CIB).  

A VA claim award letter, dated 29 September 1953, issued by the VA Regional Office, Dallas, Texas, awarded the applicant a service connected disability for a gunshot wound to his right leg.  However, this award letter contains no confirmation that this gunshot wound was received in action.  

On 24 February 1953, the applicant completed a DD Form 667 requesting combat pay.  In this form, he responded “No” to the line entry questions, “I was injured or wounded in action” and, “I was hospitalized as a result of being injured or wounded in action.”  In addition, his separation document does not include the PH in the list of awards contained in block 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) and block 29 (Wounds Received In Action) contains the entry, “None” indicating he was never wounded or injured in 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 noted the applicant’s contention that he should be awarded the PH.  Notwithstanding the disability rating action taken by the VA, which did not clearly establish that he was injured or wounded as a result of hostile action, the Board finds insufficient evidence to support his claim of entitlement to the PH.  

2.  The available evidence includes a DD Form 667, dated 24 February 1953, that was prepared by the applicant and which he authenticated with his signature.  In this form, he responded “No” to the questions, “I was injured or wounded in action” and, “I was hospitalized as a result of being injured or wounded in action.”  In the opinion of the Board, this was clearly an admission on his part at the time that he was never injured or wounded in action.  Therefore, the Board finds no evidentiary basis that warrants granting the requested relief in this case. 

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

__RVO__   _ _JPI __  __WDP___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060620	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/29	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.