MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2002     
	DOCKET NUMBER:   AR2002075117

	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. Margaret K. Patterson		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Harry b. Oberg		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 a plane blew up a bridge that he was crossing, that he wrecked his vehicle and he was injured in Korea.  In support of his application, he submits a letter, dated 22 January 2002; an excerpt from the Daily News, dated 18 August 1990; an eyewitness statement, dated 4 October 1999; a NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service), dated 22 September 1952; a Standard Form 180 (Request Pertaining to Military Records), dated 4 March 2002; a DD Form 149 (Application for Correction of Military Records), dated 9 November 2000; five Morning Reports, dated 4 December 1950, 6 December 1950,10 December 1950, 14 December 1950 and 1 January 1951, which show several unit assignments; a letter of appreciation, dated 3 June 1951; VA Form 27-8465 (Documents Transmittal); and an Honorable Discharge Certificate from the Army National Guard, dated 
22 September 1952.  
   
EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted in the Kentucky Army National Guard on 23 September 1949.  He was called from inactive duty on 19 August 1950.  He served as a truck driver in Korea and was honorably released on 18 April 1952.  The applicant was honorably discharged from the Kentucky Army National Guard on 22 September 1952. 

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.

The applicant provided an eyewitness statement, dated 4 October 1999, attesting that he witnessed the applicant’s truck accident in Korea in January 1951.  He states that the end of the bridge was blown out and the applicant’s vehicle fell about 40 to 50 feet.  He also states that the applicant was taken to the field hospital.    

The Board notes that the available records contain a DD Form 215 (Correction to DD Form 214), dated 28 March 2002, which amended the applicant’s DD Form 214 to show award of the Korean Service Medal with one silver service star, the 

Meritorious Unit Commendation, the National Defense Service Medal and the United Nations Service Medal.  Additionally, the applicant was informed of his eligibility for award of the Korean War Service Medal and a request for this medal was forwarded to Department of the Air Force in March 2002.  

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 plane blew up a bridge he was crossing.  

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 eyewitness statement provided in support of the applicant’s claim for award of the Purple Heart.  However, this statement, made almost 50 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded.

4.  The applicant signed his discharge document on 18 April 1952 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, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

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

MKP___  CJP_____  HBO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002075117	
SUFFIX		
RECON		
DATE BOARDED	20020829	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.