MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 October 2001  
	DOCKET NUMBER:   AR2001060862

	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:

	Ms. Shirley Powell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O’Shaughnessy		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.

APPLICANT STATES:  In effect, that his tank was hit by an anti-tank mine and he injured his back and suffered hearing loss in September 1951 in Korea.  He contends that his records and injuries were reviewed by the discharging physician at Camp Polk, Louisiana, in October 1952.  In support of his application, he submits an eyewitness statement, dated 23 July 2001; a neurosurgical examination, dated 20 December 1993; an Honorable Discharge Certificate, dated 24 October 1952; his DD Form 214; a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); and a photograph of a tank.  

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

The applicant enlisted on 26 July 1948 and trained as a medium tank crewman.  He was released from active duty on 25 July 1949 and transferred to the Enlisted Reserve Corps for a period of 6 years.  He entered active duty again on 
5 October 1949.  He served as a tank leader in Korea from 7 August 1950 through 13 November 1951 and was honorably discharged on 24 October 1952. 

The DD Form 214 with an effective date of 24 October 1952 contained in the applicant’s service personnel records, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on this DD Form 214 states “None”.

There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.

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

His records contain a Standard Form 89 (Report of Medical History), dated 
23 October 1952, which shows the applicant underwent a separation physical  examination at Camp Polk, Louisiana.  There is no mention of any wounds or injuries sustained as a result of hostile action.  There is no entry by the applicant that he was treated for anything other than “Prostrate gland trouble in Korea by battalion doctor” or that he sustained any injuries other than a broken arm and collar bone in civilian life.

The applicant provided a copy of a DD Form 214 with an effective date of 
24 October 1952 which shows the entry “Back Injury-Hearing Sep [September] 51 [1951] Anti-tank mine Kumwha Valley Korea” in item 29 (Wounds Received as a Result of Action with Enemy Forces). 

The applicant provided a copy of a NGB Form 22 with an effective date of 
23 February 1990 in support of his claim.  This form shows that the applicant  was awarded the Purple Heart in item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period).

The applicant provided an eyewitness statement, dated 23 July 2001, from a fellow soldier at the time in question.  The soldier attests that while serving as a tank gunner on a tank commanded by the applicant, their tank was blown up and destroyed by a Chinese anti-tank mine in North Korea in September 1951.  He states that the applicant received hearing loss, a broken back and was awarded the Purple Heart for these injuries.   

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 reviewed the DD Form 214 provided by the applicant which shows the entry “Back Injury-Hearing Sep 51 Anti-tank mine Kumwha Valley Korea” in item 29 (Wounds Received as a Result of Action with Enemy Forces). 
  
2.  The Board also reviewed the DD Form 214 contained in the applicant’s service personnel records which shows the entry “None” in item 29.

3.  Based on the foregoing, the Board determined that the DD Form 214 provided by the applicant was altered subsequent to its issuance on 24 October 1952.  

4.  The Board also determined that the entry for award of the Purple Heart on the applicant’s NGB Form 22 appears to be the result of the altered DD Form 214. 

5.  There is no evidence of record which shows the applicant was injured or treated for wounds sustained as a result of hostile action in Korea.      

6.  The applicant’s contention that his records and injuries were reviewed by the discharging physician at Camp Polk, Louisiana, in October 1952, is supported by the evidence of record.  However, the Standard Form 89 (Report of Medical History), dated 23 October 1952, does not mention any wounds or injuries sustained as a result of hostile action. 

7.  The Board noted the eyewitness statement provided in support of the applicant’s claim for the Purple Heart.  However, this statement made 50 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

8.  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.

9.  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

SP_____  ALR_____  TEO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001060862	
SUFFIX		
RECON		
DATE BOARDED	20011023	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.