MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            29 June 2000                  
	DOCKET NUMBER:    AR1999032176

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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 DD Form 214, Report of Separation, be corrected to add the Purple Heart.

APPLICANT STATES:  That he was wounded on the chin behind the right ear as the result of enemy action in Korea in 1951.

In support of his request, he has provided a copy of his DD Form 214 and a copy of a letter from the State Veterans of Foreign Wars Office (as his representative) to the DVA requesting service connected compensation for chronic migraine headaches, Sjogren’s Syndrome and chronic arthritis.

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

He was inducted on 29 August 1951 and served as a medical aidman with the 25th Division Artillery in Korea from August 1952 to August 1953.  He was honorably released from active duty at the completion of his term of service and transferred to the USAR on 28 May 1953 in the grade of corporal.

His awards include the Korean Service Medal with 2 Bronze Service Stars and the United Nations Service Medal.  His Service Record shows that he was eligible for the Good Conduct Medal but there is no evidence that it was ever provided to him.

Block 29 (wounds received as a result of action with enemy forces) of his         DD Form 214 contains the entry “none”.  His separation physical examination of 26 May 1953, contains no statement by him or the examining physician indicating that he was wounded or otherwise injured during his active duty service.

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 a medical officer, and the medical treatment must have been made a matter of official record.

The same regulation provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

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 applicant’s records contain no evidence substantiating that he was wounded in action in Korea.  It does contain evidence that he should have been awarded the Good Conduct Medal and the National Defense Service Medal.
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.  While the record shows that he is entitled to other awards, as noted below, he has failed to submit evidence that would show he is entitled to 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.

NOTE:  The Army Review Boards Agency Support Division, St. Louis, will be directed to issue the applicant a correction to his DD Form 214 showing that he was awarded the Good Conduct Medal and the National Defense Service Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jhl ____  ___jns __  ___mhm _  DENY APPLICATION

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

INDEX

CASE ID	AR1999032176	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000629	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.