MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            21 May 2002                   
	DOCKET NUMBER:   AR2001063759

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Thomas Lanyl		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 award of the Purple Heart (PH).

APPLICANT STATES: That he was injured in the line of duty.  He has a hearing loss due to a hole in his ear, shrapnel in his upper right thigh from enemy fire, which is still embedded.  He provided a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 15 September 1954, and Special Orders Number 113, Inchon Replacement Depot 8057th AU, dated 21 August 1953, which assigns him from the depot to the 3d Infantry Division.  He provides two letters of support.  One relates how at least three persons were killed and the applicant was injured by a hand grenade while the other related how all but two of the platoon were killed, the applicant and the person writing the first letter of support.  The second letter established the dates of the battle as 16 and 17 July 1953, near Choo Gung Dong, Korea.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

On 20 November 1952, the applicant was inducted into the Army of the United States.

During his period of active duty, he served in Korea for 1 year, 4 months and
15 days, in Company D, 15th Infantry Regiment.

The unit records for the 15th Infantry Regiment, located at the National Archives, College Park, Maryland, for the period 16 and 17 July 1953 do not include the casualty information as presented or that the applicant was wounded in action.

Information obtained from the hospital admission cards created by the Office of The Surgeon General (OTSG), Department of the Army (1950-1954) indicates the applicant was treated on 18 August 1953 for impaired hearing, unilateral, non-battle and was released to duty for general service the same day.

On 15 September 1954, he was honorably separated from active duty and transferred to the Army Reserve for completion of his service obligation.  His DD Form 214, which he authenticated by signature, indicates he had 1 year, 
9 months and 26 days of creditable service. He was entitled to award of the Korean Service Medal with 1 bronze service star, the Combat Infantryman Badge, the United Nations Service Medal, the National Defense Service Medal, the Good Conduct Medal and the Republic of Korea Presidential Unit Citation.  Item 29 of his DD Form 214 indicates, under wounds received as a result of action with enemy forces, “NONE”.

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, 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.  There is no evidence of record on which to base the award of the PH.

2.  The applicant authenticated his DD Form 214 that he had no wounds received as a result of action with enemy forces.  This is supported by the OTSG admission cards.

3.  The information contained in the letters of support contradict each other and do not provide evidence required by regulation to support a claim for the PH.

4.  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

5.  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

_jlp____  _bje____  __tl___         DENY APPLICATION

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

INDEX

CASE ID	AR2001063759	
SUFFIX		
RECON		
DATE BOARDED	20020521	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.015	
2.		
3.		
4.		
5.		
6.