MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           20 December 2001                 
	DOCKET NUMBER:  AR2001062726

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Lester Echols		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 records be corrected to show entitlement to award of the Purple Heart (PH).

APPLICANT STATES: He provides copies of medical records and correspondence with the Commander, Total Army Personnel Command (PERSCOM).   Although there are no records to substantiate his service, the applicant indicates he was separated on 13 June 1953.

EVIDENCE OF RECORD:  The applicant's military records were not available and the information herein was obtained from alternate sources.

The Board considered the applicant’s request on 4 December 2001 and, although they voted to deny relief, the board, by unanimous vote, determined that the applicant’s failure to file within the statutory time limits should be excused.  Hence the applicant’s case has been reconstituted to excuse his failure to timely file. 

A Clinical Record Cover Sheet, 545th General Dispensary, dated 9 May 1952 indicates the applicant (then serving in the grade of sergeant), a member of the 164th Military Police Company, received a penetrating wound of the left leg on     8 May 1952.

A Clinical Record Brief, dated 11 July 1952, prepared by the Tokyo Army Hospital, indicates the “AI: 9 May 1952 in Co. area in Korea when accidentally shot by another EM.”  This brief also indicates he was admitted to the hospital from the 21st Evacuation Hospital, Pusan, Korea on 15 May 1952.

In letters to the applicant on 17 and 31 August 2001, the Chief, Military Awards Branch, PERSCOM explained in detail, the provisions of Army Regulation (AR) 600-8-22 (Military Awards) and Title 10, United States Code (USC), Section 1129.   

AR 600-8-22 provides, in pertinent part, that the PH 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.

Title 10, USC, section 1129, authorizes the Secretaries of military departments to award the PH to individuals who are killed or wounded by friendly fire.  The friendly fire must have occurred while directly engaged in armed conflict and the “friendly” projective or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

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 is not entitled to award of the PH based on the evidence of record.

2.  His contentions have been noted; however, there is no evidence in the available records to support his request.

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 this 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

_jns____  __le____  _tbr____       DENY APPLICATION

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

INDEX

CASE ID	AR2001062726	
SUFFIX		
		
DATE BOARDED	20011220	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.