MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:      

		BOARD DATE:           4 September 2003
		DOCKET NUMBER:  AR2003087712

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Frank C. Jones		Member	
	Ms. Barbara J. Ellis		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 was wounded in the left knee on 21 April 1951, while in combat in Korea; however, the information was never placed in his medical records because he was captured as a prisoner of war.  In support of his application he submits an unofficial hand written letter from another soldier who indicates that he and the applicant, while serving in different units at the time, were captured during the same operation and he met the applicant on 25 or 26 April 1951.  At the time he met the applicant he noticed that the applicant appeared to have been wounded in the left knee by what looked like shrapnel.  He also states that he found out at that time that they were both from Wisconsin, just a few miles apart.

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, information obtained from limited reconstructed records show:

He enlisted in Minneapolis, Minnesota, on 30 October 1950 for a period of 3 years.  He completed his training and was transferred to Korea, where he was assigned to Company F of the 5th Infantry Regiment for duty as a light weapons infantryman.  

On 23 April 1951 he was captured as a prisoner of war and remained captive until he was repatriated on 17 August 1953.  He was transferred to Fort Sheridan, Illinois, where he was honorably discharged on 30 October 1953, due to the expiration of his term of service (ETS).  He had served 3 years and 1 day of total active service and was awarded the Combat Infantryman Badge, the United Nations Service Medal, the National Defense Service Medal and the Korean Service Medal with one bronze service star.  He was subsequently awarded the Prisoner of War Medal in 1988.

At the time of his separation, he was issued a Report of Separation (DD Form 214), which indicates in block 29, under wounds received as a result of action with an enemy force, there are no wounds listed.

A review of the available records fails to show that he was ever wounded or that he was treated for any wounds or injuries incurred in combat.

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.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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 Korea 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 (DD 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 with his copy of these proceedings.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board 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.  Although the applicant has submitted a third party statement from another soldier who claims he saw the applicant with a wound to the knee after they were captured, that in itself is insufficient to serve as evidence to substantiate that he was wounded in action or that medical treatment was rendered by medical personnel between the time he claims he was wounded on 21 April 1951 and the time he was captured on 23 April 1951.

2.  While the Board does not doubt the veracity of his claim, there is simply not enough evidence presently available to substantiate the nature or extent of the wound he claims qualifies him for award of the Purple Heart.  Accordingly, the Board finds that he is not entitled to be awarded the Purple Heart.

3.  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

___fcj ___  __bje ___  __rvo ___  DENY APPLICATION

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

INDEX

CASE ID	AR2003087712	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/09/04	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.