MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           28 March 2002
	DOCKET NUMBER:   AR2001062510

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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:  That his records be corrected to reflect that he was awarded the Purple Heart (PH).  

APPLICANT STATES:  In effect, that his records do not reflect the wound he received in late 1952 in Korea.  In support of his application, he submitted a statement in his own behalf, a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), and a letter from the Veterans Administration (VA) referencing a shell fragment wound to the thigh.  He also mentioned, but did not include, a letter that details the VA examination of his wound.

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

He enlisted in the Regular Army for a period of 2 years on 26 February 1952.  Following completion of all military training, he was awarded military occupational specialty (MOS) 1542 (Infantry) and was assigned to Korea, arriving there on 3 November 1952.

During his service in Korea, the applicant served with the 7th Cavalry Regiment and 65th Infantry Regiment.  He served during three campaigns before departing Korea on 14 November 1953 for return to the United States.  

On 8 December 1953, the applicant was honorably separated from active duty under the provisions of Army Regulation 615-365 and transferred to the United States Army Reserve for completion of his 8-year service obligation.  He was credited with 1 year, 9 months, and 13 days of creditable military service.  His DD Form 214 shows that he was awarded the Korean Service Medal with 3 Bronze Service Stars, Combat Infantryman Badge, United Nations Service Medal and National Defense Service Medal.  There is no indication in the record that the applicant was ever wounded in action.

Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the Purple 

Heart (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.

AR 600-8-22 provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean War.  This document shows that a unit to which the applicant was assigned (65th Infantry Regiment) was cited for award of the Republic of Korea Presidential Unit Citation (ROKPUC) for the period 10-14 June 1953 by Department of the Army General Order Number 29, dated 1954.

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.  There is no evidence in the available records, nor has the applicant provided any, to indicate that he is entitled to award of the PH.  Without such evidence, the Board cannot recommend award of the PH.  Additionally, the applicant’s DD Form 214 reflects "none" in Block 29 (Wounds Received as a Result of Action with Enemy Forces), and his DD Form 230 (Service Record) contains no entry in Section 8 (Wounds Received Through Enemy Action).  Further, the applicant’s name does not appear on the Korean War Casualty List.

2.  The evidence of record indicates the applicant is entitled to the GCMDL for the period 26 February 1952 thru 8 December 1953 and the ROKPUC.

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.

NOTE:  The Army Review Boards Agency Support Division - St. Louis is directed to issue a DD Form 215, Correction to DD Form 214, showing that the applicant was awarded the GCMDL and the ROKPUC.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__FNE __  __LE  ___  ___TL___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062510	
SUFFIX		
RECON		
DATE BOARDED	20020328	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19531208	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	107.01500	
2.		
3.		
4.		
5.		
6.