MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:          17 September 2002                     
	DOCKET NUMBER:  AR2002073921

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Karen A. Heinz		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 (PH). 

APPLICANT STATES:  In effect, that the Board did not properly interpret the Surgeon General Office (SGO) files pertaining to his medical treatment in Korea.  He states that he had a laparotomy (abdominal exploration is a type of surgery where the abdomen is opened [laparotomy] and explored [exploratory laparotomy] for examination and treatment of problems) to irrigate and treat a belly wound sustained when a mortar round landed 10 feet in front of him while he was attempting to rescue injured men.  It was common practice at that time to remove the appendix anytime a surgeon opened the stomach cavity, which did in fact occur in his case during his laparotomy.  The applicant contends that the second SGO entry, TRAUMATIC ABDOMEN INJURY, speaks for itself.  He was an infantryman who was awarded the Combat Infantryman Badge, so this entry cannot be construed as anything but proof that he was wounded in combat.  In addition, the fact that he was discharged well prior to the expiration of his term of service, as extended by law, also verifies that he was wounded.  As for him signing his DD Form 214, he signed the form and it was later mailed to him.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case (AR2001061608) on 20 September 2001.

A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  Searches of these files show that the applicant was hospitalized on 8 September 1951 for acute gastroenteritis (An inflammation of the stomach and intestines caused by bacteria or bacterial toxins).  He was hospitalized again on 27 October 1951 for malaria.  He was hospitalized a third time on 23 November 1951 for an appendectomy, traumatic hematoma (Bleeding into the skin, subcutaneous tissues [under the top layer of skin], or mucous membranes ["skin" covering your mouth and lips]) and complications of surgical treatment.

The applicant’s contentions are new argument that requires Board consideration.

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.  Contrary to the applicant's contentions, the SGO files clearly show that he was hospitalized on three occasions for illnesses and surgical complications, not injuries (wounds).
 
2.  While the applicant served as an infantryman during the Korean War, and was released prior to the expiration of his term of service, neither of these facts establish that he was wounded in combat.  Army regulations provide many reasons to release a soldier from active duty prior to his or her ETS, one of which is physical unfitness.  A separation due to physical unfitness is not contingent upon the physical unfitting condition being incurred as a result of combat.

3.  As such, there is still insufficient evidence on which to award the applicant the PH.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

5.  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

___eja___  ___kah__  ___tbr___  DENY APPLICATION

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

INDEX

CASE ID	AR2002073921	
SUFFIX		
RECON		
DATE BOARDED	20020917	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.