ABCMR Memorandum of                                                             AR2001065453
Consideration (cont)

MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 March 2002   
	DOCKET NUMBER:   AR2001065453

	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. Wanda L. Waller | | Analyst

  The following members, a quorum, were present:

| Ms. Shirley Powell | | Chairperson
| Mr. Elzey J. Arledge | | Member
| Mr. Stanley Kelley | | 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:  Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.  

APPLICANT STATES:  In effect, that he is entitled to award of the Purple Heart because he was wounded in Korea when a bunker collapsed on him as a result of enemy fire.  He contends that his DD Form 214 does not mention the Purple Heart and he was never issued the medal.  In support of his application, he submits a copy of his DD Form 214; a citation for award of the Silver Star; two eyewitness statements provided, at the time in question, in support of his award of the Silver Star; a statement, dated March 2001, from the Battalion Surgeon at the time in question; and a letter of explanation, dated 10 September 2001.    

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

The applicant was inducted on 27 February 1951.  He was honorably discharged on 4 June 1951 to accept a commission as a Reserve officer.  He was commissioned as a second lieutenant on 5 June 1951.  The applicant served as a medical assistant in Korea from 7 September 1951 through 19 June 1952 and was released from active duty on 4 June 1953 in the rank of first lieutenant. 

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

There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.

In support of his claim for award of the Purple Heart, the applicant provided a citation for award of the Silver Star for gallantry in action on 1 June 1952.  The citation states “As he was helping the wounded, another enemy shell hit the entrance of the position and collapsed the entrance, sealing in the bunker’s occupants with a wall of earth.” and that the applicant “dug his way out of the bunker and moved some of the wounded men to a nearby vehicle which evacuated the casualties to a sheltered spot in the rear.”

The applicant provided two eyewitness statements, dated 1952, attesting to his actions on 1 June 1952.  One eyewitness statement, dated 14 June 1952, states “While he was in the bunker a round hit the entrance and closed it.”

The applicant also provided a statement, dated March 2001, from the battalion surgeon who was not an eyewitness to the incident on 1 June 1952.  The battalion surgeon states that “He [the applicant] stated that he was injured and had difficulty with mobility of his arms and shoulders but was not evacuated or require any treatment”, “on hearing about the bunker collapse and his injuries, I recommended examination and treatment as required but he declined” and “Although I did not have the opportunity to examine him at the time; after reading his personal account, reading the accounts of the eye witnesses, and my recall, I feel that it is certainly reasonable to assume that he did receive injuries.”     

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.  The Board noted the applicant’s contention that he was wounded in Korea when a bunker collapsed on him as a result of enemy fire on 1 June 1952.  

2.  There is no evidence in the applicant’s service records which shows that he was wounded or injured as a result of hostile action.

3.  The Board considered the March 2001 statement of the battalion surgeon who was not an eyewitness.  Contrary to the battalion surgeon’s statement, an eyewitness states only the entrance to the bunker was closed, not that it collapsed as the battalion surgeon contends.  The Board also concluded that had the battalion surgeon determined the applicant was wounded or injured as a result of hostile action, then he could have submitted the appropriate casualty report on 1 June 1952 which would have resulted in award of the Purple Heart.  However, the battalion surgeon did not do so.  His argument 49 years after the fact that, it is “reasonable” to assume the applicant was injured, is not sufficient by itself as a basis for award of the Purple Heart, particularly in view of the evidence of record which contradicts the battalion surgeon’s statement.

4.  Evidence of record does show the applicant signed his discharge document on 4 June 1953 attesting to the fact that he was not wounded as a result of action with enemy forces and that he was not entitled to the Purple Heart.  

5.  Based on the foregoing, there is insufficient evidence upon which to base award of the Purple Heart.

6.  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.

7.  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

SP_____  EJA_____  SK______  DENY APPLICATION

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

INDEX

CASE ID | AR2001065453
SUFFIX |
RECON |
DATE BOARDED | 20020319
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | (DENY)
REVIEW AUTHORITY |
ISSUES         1. | 107.0015
2. |
3. |
4. |
5. |
6. |