IN THE CASE OF: BOARD DATE: 29 JULY 2008 DOCKET NUMBER: AR20080010027 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Purple Heart for injuries that he received in combat while serving in Korea in May 1953. 2. The applicant states that he was serving with the 5th Regimental Combat Team, Headquarters and Headquarters Company. He states that his jeep overturned while moving on the line and he was thrown out. He states that the jeep landed on top of him, across his legs and his chest. He states that the incident occurred on Christmas Hill, Korea, and that he was hospitalized for 2 weeks. He states that since it was a combat situation, he believes that he should be awarded the Purple Heart. 3. The applicant provides in support of his application, a copy of his Report of Separation from the Armed Forces of the United States (DD Form 214). CONSIDERATION OF EVIDENCE: 1. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. This case is being considered using the DD Form 214 that was submitted by the applicant. 2. On 5 June 1952, the applicant enlisted in the Army in Atlanta, Georgia, for 3 years, in the pay grade of E-1. He successfully completed his training as a light weapons infantryman. 3. After completing 2 years, 11 month and 29 days of net active service this period, the applicant was honorably discharged on 3 June 1955, under the provisions of Army Regulation 615-360, at the expiration of his term of service. 4. The DD Form 214 that the applicant was furnished at the time of his discharge shows that he was awarded the Korea Service Medal, the United Nations Service Medal, the National Defense Service Medal and the Combat Infantryman Badge. Block number 29 (wounds received as a result of action with enemy forces) on his DD Form 214 reads "None." 5. A review of the Korean Casualty File does not show that the applicant was wounded as a result of hostile action by enemy forces. 6. 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 by medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. In order to justify correction of a military record the applicant must show 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. 2. There is no evidence in the available documentation, nor has the applicant submitted any evidence, to support his contention that he is entitled to be awarded the Purple Heart. 3. The Korean Casualty File does not show that the applicant was ever wounded as a result of hostile action by enemy forces. Additionally, block number 29 on his DD Form 214 shows that he received no wounds as a result of action by enemy forces and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct. 4. In view of the foregoing, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __XXX __ __XXX__ __XXX__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___ XXX ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20080010027 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080010027 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1