MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           3 October 2002                  
	DOCKET NUMBER:   AR2002071272

	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.  W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright 		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Charles Gainor 		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:  Award of the Purple Heart.

APPLICANT STATES:  That he earned the Purple Heart by being wounded and that he was recommended for it.  He submits a copy of a 2 February 1970 medical record to substantiate his case.

The medical record entry shows that the applicant was treated at the 548th General Dispensary in Korea.  He "suffered wounds from a mine blast on his head, arms and body.  Recommend Purple Heart."  A specialist five signed the entry.

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

The applicant enlisted and entered active duty on 2 December 1968.  He completed training as a wheeled vehicle mechanic and was stationed in Korea with Headquarters and Headquarters Battery, 3rd Battalion, 81st Artillery from 9 July 1969 to 6 August 1970 when he was transferred to Germany.  He was discharged on 8 July 1971.

During the processing of this case the historical files of the applicant's unit and of the 81st General Dispensary were searched at the National Archives, College Park, Maryland.  These searches failed to produce any evidence to substantiate the applicant's entitlement to the Purple Heart.

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 in any action against an enemy of the United States or in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged.  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.  Although the governing regulation provides for award of the Purple Heart for wounds sustained as the result of hostile actions involving former enemies, there is no available evidence that the applicant was wounded under such circumstances.  

2.  The entry by the specialist five is noted.  Unfortunately, the historical files of neither the applicant's unit nor the treating medical facility indicated that he was wounded under conditions that would warrant award of the Purple Heart.

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 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

__INW___  __WTM _  _CG____  DENY APPLICATION

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

INDEX

CASE ID	AR2002071272	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021003 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.