MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 August 2002
	DOCKET NUMBER:   AR2002074668

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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:  Award of the Purple Heart.

APPLICANT STATES:  That he was injured in Korea and did not receive the Purple Heart.  He further explains that he was injured while on active duty during the Korean War.  In support of his application, the applicant submitted a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a copy of his separation medical examination, dated 4 August 1954.

EVIDENCE OF RECORD:  

The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 16 October 1952.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows that he served overseas for approximately 16 months; however the specific dates of his service in Korea are not available from his records.  The applicant was honorably separated from active duty on 5 August 1954.

The applicant’s DD Form 214 does not show the Purple Heart as an authorized award in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  

Item 29 (Wounds Received In Action) of his DD Form 214 contains the entry, “None.”

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in the records available to the Board which shows that he was wounded or treated for wounds as a result of hostile action.  

The applicant’s separation medical examination shows in item 73 (Notes) the following entry:  “March 1954 in Korea due to injury of the back.  No complaint.”  

The Clinical Evaluation portion of this medical examination does not show any abnormalities or that the applicant was wounded or injured as a result of hostile action.

The applicant’s reconstructed records contain a GSA Form 7093 (Reply to Inquiry), dated 24 May 1985, which states that a search of the Morning Reports for the applicant’s unit revealed no entries pertaining to illness or injury.  There also is no indication of any hospital admission cards pertaining to the applicant in the records of The Surgeon General of the Army.

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.

While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award.  Until 23 August 1951, Army Regulation 600-45, which governed the award of Army decorations, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.

As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to veterans.

The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must submit a copy of their discharge document (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is being provided to the applicant.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

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 considered the applicant’s request for award of the Purple Heart.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  

3.  The Board noted the entry on the applicant’s separation medical examination which stated that he sustained a back injury in March 1954 in Korea.  However, there is no evidence that this injury was the result of hostile action or that the applicant was treated as a battle casualty for this injury.

4.  In the absence of orders showing award of the Purple Heart and in the absence of medical records showing the applicant was treated for wounds of injuries as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

5.  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 either requirement.

6.  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

__JHL___  __BJL___  __RVO___  DENY APPLICATION

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

INDEX

CASE ID	AR2002074668	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002082	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.