MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           22 October 1998  
	DOCKET NUMBER:   AC98-10386

	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.	Loren G. Harrell		Director	
	Mr.	Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms.	June Hajjar		Chairperson	
	Mr.	Fred K. McCoy		Member	
	Ms.	Shirley L. Powell		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 injured in enemy action in Korea and was unaware until recently that such a minor injury would warrant the award of a Purple Heart.  In support of his application he submits a copy of a narrative summary (Standard Form 502) from his medical records.

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

The applicant was inducted on 17 February 1943 and he continued to serve on active duty through a series of continuous reenlistments until he was honorably released from active duty and was transferred to the USAR Control Group (Retired) on 28 February 1963.

The applicant’s records show that he was promoted to the pay grade of E-8 on 30 March 1962.  His records also show that he served in Korea as a tanker from 4 November 1944 to 29 July 1945 and from 23 July 1950 to 14 September 1951. He again returned to Korea and served from 25 September 1960 to 11 September 1961.

A review of the available records which included the applicant’s physical examinations failed to show that the applicant was ever wounded or that he was treated for any wounds.

The narrative summary submitted by the applicant with his application indicates that the applicant had a toe amputated as a child and that he received shell fragment wounds to his hip and right arm in Korea in 1950.  The narrative summary was completed on 8 January 1959 when the applicant was admitted to the hospital for complaints of chronic lower back pain.  The summary is very general in nature and appears to be summary of information obtained from the applicant at the time as well as events that occurred during his hospital stay.

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.

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.  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 the aforementioned requirement.

2.  The evidence of record fails to clearly show that the applicant was wounded as a result of enemy action or that his wounds were treated by medical personnel and made a matter of official record. 

3.  The Board notes the narrative summary submitted by the applicant with his records; however, this summary is appears to be very general in nature with no specifics regarding the date of his wounds nor the treatment, if any, that he received.  Therefore, without more specific evidence to support his claim of being wounded, there is no basis to award him the Purple Heart.

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

__jh ____  __fkm___  __slp____  DENY APPLICATION

						Loren G. Harrell
						Director