MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 June 2002
	DOCKET NUMBER:   AR2002071047

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 received shrapnel wounds to his right ankle on 15 April 1953 and was treated at the battalion aid station.  In the process of returning to civilian life, he forgot that he had not received the medal.  He provides a copy of his Report of Separation, DD Form 214, which shows he was awarded the Combat Infantryman Badge and a copy of the treatment record, which does not explain the shrapnel removal.

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 enlisted in the Regular Army on 20 March 1952.  He arrived in Korea on an unknown date.  Medical records show he was treated for cellulitis (also known as a bacterial skin infection) of the right ankle on 15 April 1953 and on 22 April 1953.  He completed a separation physical on 16 March 1955.  The Report of Medical Examination, SF 88, does not indicate he received any wounds or had any scars.  He was released from active duty on 18 March 1955.  His DD Form 214, item 29 does not indicate he was wounded in action.

On or about 19 January 1956, the applicant applied to the State of California Department of Veterans Affairs to establish eligibility for benefits.  The “Preferential Status” section contained check blocks for “wounded” or “disabled.” The applicant did not check that he was wounded.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action 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 historic 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 award.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services.  To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarter, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, TX 78150-4714.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award 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 Board appreciates the applicant’s service to his country during a time of war; however, there is insufficient evidence to show his ankle problem was the result of being wounded by enemy action.  Therefore, there is insufficient evidence to show he is authorized award of the Purple Heart.

2.  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__  __RWA__  __JTM__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071047	
SUFFIX		
RECON		
DATE BOARDED	2002/06/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.