MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:           

	BOARD DATE:                  13 January 2000
	DOCKET NUMBER:          AR1999034162

	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.

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Margaret V. Thompson 		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:  In effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show in item 29 (Wounds Received as a Result of Action with Enemy Forces) that he was wounded and in item 30 (Service School or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) to show the entry “Training for Entry into Special Forces in Seattle Washington”.

APPLICANT STATES:  In effect, that he was injured while serving on active duty, hospitalized at Brook Army Hospital for removal of shrapnel at the time of his discharge and that he was never awarded the Purple Heart.  He also states that item 29 (Wounds Received as a Result of Hostile Action with Enemy Forces) and item 30 (Service Schools or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) of his DD Form 214 are incorrect.  In support of his application he submits a copy of Standard Form 505 (Clinical Record) and a copy of VA Form 3101 (Request for Army Information), dated 19 May 1953.

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

He entered active duty on 6 April 1951.  He served in Korea and was honorably discharged on 30 March 1953.

The applicant’s DD Form 214 shows he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal.

The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214, shows the entry “NONE”.

There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

The applicant provided a copy of Standard Form 505, prepared by the Department of Veterans Affairs on 22 January 1985, which shows the entry “Leg surgery in the 1950’s, in Korea, for shrapnel; right hip surgery, in Dallas, for remaining shrapnel”.

The VA Form 3101, dated 19 May 1953, provided by the applicant shows in item 16 (Hospital or Infirmary) the entry “Injury to both knees and legs – May 1952 - 279 Gen Hosp Osoki, Japan”.

Item 30 (Service Schools or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) of the applicant’s DD Form 214, shows the entry “NONE”.

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

Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  It states, in pertinent part that item 
30 (Service Schools or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) will be completed to show service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared.  

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.  Evidence of record shows the applicant received an injury to both knees and legs in May 1952 while serving in the Korean Conflict and was evacuated to 279th General Hospital in “Osoki”, Japan.  Notwithstanding the VA documents, prepared over 30 years after the applicant’s service in Korea, which indicate surgery for shrapnel in the 1950’s, there is no evidence of record available to the Board which shows he was injured or wounded due to hostile action during his service in Korea.  Therefore, he is not entitled to the Purple Heart and is not entitled to correction of item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he completed any service schools, major courses or military sponsored courses completed in civilian schools or colleges during his period of service.  There also is no evidence to show that he was training for entry into Special Forces in Seattle, Washington.  Therefore, there is no basis to correct item 30 (Service Schools or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) of his
DD Form 214.

3.  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.

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

EMW____  EWL____  MVT____  DENY APPLICATION

						Karl F. Schneider
				    Director, Army Review Boards Agency

INDEX

CASE ID	AR1999034162	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000113	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19530330	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  1021		
3.		
4.		
5.		
6.