MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          13 June 2002        
	DOCKET NUMBER:  AR2002070639    

	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. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman		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:  Reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart.  

APPLICANT STATES:  In effect, that he is entitled to the Purple Heart because he injured his left knee while serving in Korea in 1950.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in the Proceedings prepared to reflect the consideration of Docket Number AR2001060576 by the Army Board for Correction of Military Records (ABCMR) on 20 December 2001.

The applicant submits Department of Veterans Affairs (DVA) examination results, dated 23 October 2001.  This examination reports that while the applicant was serving in Korea in 1950, during monsoon weather and heavy rains, he was on top of a truck loaded with 30 caliber boxes of ammunition and that the truck flipped off the road and the boxes of ammunition fell on his left knee and tore it open.  

The applicant also submits a DVA Rating Decision, dated 23 October 1997, which shows that he was granted service connection (zero percent) for left knee condition.

The applicant’s DVA documentation was not previously considered by the ABCMR.  Therefore, it is new evidence which will be considered by the Board.

There is no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action.

The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), 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 his DD Form 214 shows the entry, “NA” [not applicable].

The applicant’s WD AGO Form 24 (Service Record) does not show entitlement to the Purple Heart and Section 8 (Wound Received Through Enemy Action) on his WD AGO Form 24 is blank.      

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.

Army Regulation 15-185 sets forth the policy and procedures for the ABCMR.  It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration.  This includes but is not limited to any facts or arguments as to why relief should be granted.  The staff of the Board is authorized to determine whether or not such evidence has been submitted.

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 applicant provided DVA documentation which states that he injured his left knee in a truck accident. 

2.  There is no evidence that competent medical authority determined the injuries sustained by the applicant in the truck accident were the result of hostile action.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action during the Korean War.  

4.  After review of all the evidence in this case and the latest submissions, this Board also concluded the applicant has presented no argument or evidence which is sufficient to reverse the previous decision rendered by the ABCMR in AR2001060576 on 20 December 2001.

5.  In review of all the evidence in this case, this Board has determined that there is insufficient evidence upon which to base award of the Purple heart in this case.

6.  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

CLA____  BJE_____  DPH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002070639	
SUFFIX		
RECON	Yes – Originally boarded on 20011220	
DATE BOARDED	20020613	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.