MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 July 2003       
	DOCKET NUMBER:   AR2003083524

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Eric N. Andersen		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:  In effect, that he was wounded in combat in August 1950 in Korea.  He contends that he received medical treatment for his leg wounds at an aid station, that the medic removed a piece of shrapnel from one wound and that he reported back to his platoon sergeant.  In support of his application, he submits a copy of his retirement DD Form 214 (Report of Transfer or Discharge), separation orders, and a letter of explanation dated 4 December 2002.

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

The applicant enlisted on 28 February 1950.  He served as an infantryman in Korea from 31 July 1950 through 16 July 1951 and was honorably discharged twice for the purpose of immediate reenlistment.

The available records do not contain a discharge document covering the applicant's period of service from 28 February 1950 through 27 February 1953.

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

The applicant’s name does not appear on the Korean War Casualty Roster. 

The available records do not contain any medical records for the period of the applicant’s service in Korea.

The applicant was commissioned a second lieutenant on 18 December 1961 and entered active duty.  On 31 July 1970, the applicant was retired in the rank of major and placed on the Temporary Disability Retired List.    

Section 8 (Wounds Received Through Enemy Action) on the applicant's DA Form 20 (Service Record) 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.

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 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 (DO 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 being provided to the applicant.  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 considered the applicant's contention that he was wounded in combat in August 1950 in Korea.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Korea. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart for wounds received as a result of hostile action in Korea.

2.  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.

3.  In view of the foregoing, there is no basis for granting the applicant's request.
4.  The Board notes the applicant is eligible for award of the United Nations Service Medal, the Republic of Korea Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Distinguished Unit Citation and the Navy Presidential Unit Citation.  The Army Review Boards Agency (ARBA), Support Division, St. Louis, will be directed to correct the applicant's records.  

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis, furnish the applicant a DD Form 215 (Correction to DD Form 214 for the period ending 31 July 1970) to show in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the United Nations Service Medal, the Republic of Korea Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Distinguished Unit Citation and the Navy Presidential Unit Citation

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

FNE___  MVT_____  ENA_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003083524	
SUFFIX		
RECON		
DATE BOARDED	20030715	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.