MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 July 2002                  
	DOCKET NUMBER:   AR2002067612

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Harry B. Oberg		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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	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 opinions, if any).

APPLICANT REQUESTS:  Award of the Purple Heart for an injury to his nose sustained in Korea in December 1951.

APPLICANT STATES:  In a personal statement, the applicant describes the incident that he alleges was the onset of his nasal/breathing problems.  He states that he was on detached duty with a British unit when injured and because of his position remained in the field until his replacement arrived which did not happen until March 1952.  He states that he was hospitalized and evacuated to Pusan for continuing breathing problems.  He reports that he had surgery for a deviated septum at Walter Reed Army Hospital in 1953.

The applicant indicates that the date of discovery of the alleged error or injustice was "2001".  He states that it has only been recently that he started to think about Korea.  It would be in the interest of justice for the Board to consider this application because he has a serious nasal problem that cannot be corrected.

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

The applicant is shown to have had active service from 27 February 1951 through 7 February 1954.

His entrance examination reports that he had a deviated septum (the nasal septum is the structure that divides the nose into 2 equal parts), moderately deviated to the right.  It was not considered disqualifying.

The applicant's DA Form 20 (Soldier's Qualification Card), at item 23, shows that he received a temporary physical profile for a deviated septum for the period 28 February 1951 to 2 March 1951.  At item 29, he was shown to have been stationed at Camp Gordon, Georgia during this time frame.

The DA Form 20 and DD Form 230 (Service Record) both show that the applicant was reassigned to the replacement Battalion in Japan on 5 August 1951 with a subsequent reassignment to the Signal Air-Ground Liaison Company (SAGLC), 8075th Army Unit, in Korea, for the period 13 August 1951 through 17 December 1952.  Neither of these forms indicates that the applicant sustained a combat or hostile fire injury.

The Report of Medical History (SF 89) completed at the time of his separation shows that he had surgery to his nose in October 1953; it does not mention any wound or injury sustained as a result of enemy action.

The applicant's DD Form 214 (Report of Separation), at Item 29 (wounds) states none.

In the development of this case the historical files of the 8075th SAGLC were reviewed.  This review collaborated the fact that the 8075th SAGLC was attached to the 1st British Commonwealth Division and that the applicant was assigned to it during the period he reports he sustained an injury to his nose.  However, it failed to identify the reported incident or the injury described by the applicant.  

The Unit Citation and Campaign Participation Credit Register was reviewed.  There were awards or decorations listed that were not reflected on the applicant's separation document.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their heroic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to veterans. 

The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is provided.  Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to his DD Form 214.

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 evidence of record shows that the applicant entered active duty with a deviated septum, that he underwent corrective surgery for this problem with continued problems post surgery. 

2.  There is, however, no documentation, other than the applicant's personal statement, to show that he sustained an injury to his nose while in action against the enemy.  Without documentation of an intercurrent (occurring during another disease and modifying it) event or injury, the corrective surgery for the applicant's deviated septum cannot be considered to be substantiating evidence to verify that he sustained a wound was the result of hostile action. 

3.  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 the this requirement.

4.  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

_TSK____  ___JTM _  __HBO__  DENY APPLICATION

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

INDEX

CASE ID	AR2002067612	
SUFFIX		
RECON		
DATE BOARDED	20020711	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.