MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           12 March 2002                           
	DOCKET NUMBER:   AR2001062956

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Gail J. Wire		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 from the Armed Forces of the United States) be corrected to show award of the Purple Heart (PH).

APPLICANT STATES:  That he was injured while jumping out of a military vehicle that was under fire by hostile forces.  He also states that he currently receives compensation from the Department of Veterans Affairs (DVA) for this injury.  In support of his application, he submits a copy of an undated DVA medical examination report that states while he was serving in Korea in 1952, he chipped his right tibia below the knee when he jumped out of a truck and struck his knee against the side of it.  In 1961, a piece of bone was surgically removed from the area of the chip fracture.  He also submits a copy of a DVA Rating Decision; dated 28 March 1996, that shows a combined service-connected disability of 40% for residuals of Osgood-Schlatters disease, right tibia, effective 18 October 1995.

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

His initial period of active military service began on 20 July 1950 when he enlisted in the Regular Army for 3 years.  He served as a light truck driver (Military Occupational Specialty 4345) until honorably discharged on 26 July 1953.  During this period of service, he served in the Far East for 1 year, 
8 months, and 7 days, serving in Japan and Korea from approximately January 1951 to September 1952.  His major unit of assignment was with the 363rd Ordnance Ammunitions Company as a truck driver.  His DD Form 214 reflects that he was awarded the Army Occupation Medal (Japan), the Korean Service Medal with 3 Bronze Service Stars, and the United Nations Service Medal.  No wounds are shown in Block 29 (Wounds); the applicant authenticated his DD Form 214 as being correct with his signature.

The applicant enlisted in the US Air Force for 4 years on 16 December 1955.  He served until 7 April 1958 when he was honorably discharged in order to immediately reenlist.  He reenlisted on 8 April 1958 for a period of 6 years and was honorably discharged on 2 December 1963.

The applicant’s last period of service was with the US Army Reserve from 7 April 1982 to 13 May 1983.  This period of service ended with an honorable discharge. No medical records exist for the applicant’s service prior to 1982.

Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the Purple 

Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

AR 600-8-22 provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

AR 600-8-22 provides, in pertinent part, for award of the National Defense Service Medal (NDSM) for honorable active service for any period between 27 June 1950 and 27 July 1954.

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean War.  This document shows the unit to which the applicant was assigned was cited for award of the Meritorious Unit Citation (MUC) for the period 1 August 1951 to 31 January 1952 by Department of the Army General Order (DAGO) Number 36, dated 1953, and the Republic of Korea Presidential Unit Citation (ROKPUC) for the period 19 September 1950 to 30 September 1953 by DAGO Numbers 33 and 23, dated 1953 and 1954, respectively.

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 this requirement.

2.  The available records, to include the documents that the applicant submitted, do not show that he was wounded as a result of hostile action while serving in Korea.  The documents the applicant submitted show that he was treated on some unspecified date for a tibial chip fracture that he sustained when he jumped off of a truck.

3.  Based upon AR 600-8-22, the applicant is entitled to award of the GCMDL, the NDSM, the MUC, and the ROKPUC.

4.  In view of the foregoing, there is no basis for granting the applicant's request for award of the PH.
DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Request that the Army Review Boards Agency, Support Division, St. Louis furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 27 that he was awarded the GCMDL, NDSM, MUC, and ROKPUC.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_inw____  ___rjw   __  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062956	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020312	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530726	
DISCHARGE AUTHORITY	AR615-360  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.		
4.		
5.		
6.