MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            25 July 2000                 
	DOCKET NUMBER:    AR1999033035

	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:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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 separation document (DD Form 214) be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  That he was wounded in Korea in 1952 but never received the award.  He says his service medical records will support this.

In support of his request, he has provided a copy of his Honorable Discharge Certificate and a copy of a Department of Veterans Affairs (VA) letter dated 28 August 1999, establishing service connected disability for third degree burn, left anterior shoulder and residual, shrapnel wound, upper right leg.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from documents provided by the applicant and a barely discernible copy of his DD Form 214 which he apparently provided to the US Army Reserve Personnel Command (AR-PERSCOM) in the past.

He enlisted in the Regular Army for 3 years on 3 May 1951 and served in Korea for approximately 1 year.  He was honorably discharged on 2 July 1954 in the grade of corporal.  His awards include the Combat Infantryman Badge, the Korean Service Medal with Three Bronze Stars, the National Defense Service Medal and the United Nations Service Medal.  

The Purple Heart is not shown as an authorized award on his DD Form 214.  Block 29 (wounds received as a result of action with enemy forces) of the form contains the entry “NONE”.

There are no medical records available for review.

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.

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 available records, admittedly sparse, contain no evidence and the applicant has provided no evidence to show that he was wounded in action and is entitled to the Purple Heart.

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.  The applicant has failed to submit evidence that satisfies this requirement.

3. The evidence from the VA confirms that he has been awarded service connection for burns to the shoulder and a residual of a shrapnel wound to the leg that they have attributed to his service.  However, the VA determination does not establish that the injuries were the result of hostile action, a necessary prerequisite for award of the Purple Heart.  Without such a finding, there are no grounds for this Board to award 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

__tsk____  __sk____  ____jhk__  DENY APPLICATION

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

INDEX

CASE ID	AR1999033035	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000725	
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.