MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 March 2000                   
	DOCKET NUMBER:   AR1999030170

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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 his military records be corrected to show that he was awarded the Purple Heart medal.

APPLICANT STATES:  In effect, that he served in combat during the Korean War and suffered a hearing loss as a result of concussion injury suffered during artillery attacks; that he was hospitalized with frostbite to both feet.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

The applicant enlisted in the Regular Army in San Francisco, California, on or about 26 February 1950.  He was honorably discharged on 5 March 1953.  During his military service, he served overseas for 1 year, 1 month, and 19 days. He was awarded the following awards and decorations:  the Good Conduct Medal, the Presidential Unit Citation, the Army of Occupation Medal, the National Defense Service Medal, the Korean Service Medal with 3 Bronze Service Stars (representing participation in three campaigns), the Combat Infantryman Badge, and the United Nations Service Medal.

The applicant’s DD Form 214, Report of Separation, indicates that he did not receive any wounds as a result of action with enemy forces.  The applicant authenticated this statement with his signature on 5 March 1953.  There are no medical records available to show that the applicant was ever treated for any injuries incurred as the result of 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 the result of hostile action, the wound must have required treatment by medical officials; and the records of medical treatment must have been made a matter of official Army records.

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 applicant’s service records are no longer available; it cannot be verified that his tinnitus is the result of hostile action or that he was ever treated in a military medical facility for frostbite.  It is known that the applicant served as a combat soldier during the Korean War and was awarded the Combat Infantryman Badge.

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

__rgh___  __mdm__  ___jps___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030170	
SUFFIX		
RECON		
DATE BOARDED	20000329	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.