MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 April 2002                   
	DOCKET NUMBER:   AR2002067191

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, 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:  That he be awarded the Purple Heart.

APPLICANT STATES:  That he was hit by a grenade.  He provides one page from a Department of Veterans Affairs (VA) Rating Decision as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

The applicant entered active duty on 20 December 1950.  He was separated on 25 September 1952.

The VA document provided by the applicant indicates his Report of Separation, DD Form 214, showed he served in Korea during the Korean War and received a Combat Infantryman Badge.  The applicant stated that he was noise-exposed when a grenade/round exploded near his foxhole in 1951.  VA outpatient treatment reports from 31 July 1998 through 4 September 2001 showed him with a history of a grenade blast in Korea and moderate to severe hearing loss.  He also reported post-service noise exposure as an electrician.  

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 by a medical officer, 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 appreciates the applicant’s service to his country during a time of war but the supporting evidence provided by him does not substantiate his contention that he was “hit” by a grenade while in Korea.  The provided evidence shows that he stated he was noise-exposed when a grenade/round exploded near his foxhole.  There is no evidence to show he was treated for hearing damage at the time and the applicant does not contend that he was treated for hearing damage due to this explosion.  Therefore, it appears the applicant does not meet the eligibility criteria (i.e., treatment by a medical officer and medical treatment made a matter of official record) for award of the Purple Heart.

2.  Regrettably, 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___  __rjw___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067191	
SUFFIX		
RECON		
DATE BOARDED	20020409	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.