MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 December 2002                   
	DOCKET NUMBER:   AR2002076570

	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. Celia L. Adolphi  		Chairperson	
	Mr. Ted S. Kanamine 		Member	
	Mr. Conrad V. Meyer 		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 should be awarded the Purple Heart for a combat injury.  He contends that a service record indicates that he sustained a combat injury.  

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

The applicant enlisted on 29 August 1989 for a period of 4 years.  He served as an infantryman in Korea.  On 29 March 1991, the applicant was honorably discharged by reason of physical disability with severance pay.   

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Purple Heart as an authorized award.

There are no orders for the Purple Heart in the applicant’s service personnel records.

There is no evidence in the applicant’s service personnel records that he was wounded as a result of hostile action.

The applicant’s service personnel records contain DD Form 173/2 (Joint Messageform), dated January 1991, which indicates the applicant injured his right ankle while on night patrol on 17 April 1990 in Korea when he stepped off the side of a cliff. 

On 25 February 1991, a Physical Evaluation Board (PEB) found the applicant physically unfit due to chronic right ankle pain with subjective apprehension, without objective ligamentous instability. 

Item 10C (If Retired Because of Disability, the Board Makes the Recommended Finding That:) of the applicant’s DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 25 February 1991, states, “The Disability Did Result From a Combat Related Injury as Defined in 26 U.S.C. 104.” [Title 26, United States Code, section 104]. 

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.

Title 26, United States Code, Section 104 states, in pertinent part, special rules for combat related injuries.  Specifically, this provision of law defines the term “combat-related injury” as personal injury or sickness which is incurred as a direct result of armed conflict, while engaged in extrahazardous service, or under conditions simulating war; or which is caused by an instrumentality of war.

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 contention that he should be awarded the Purple Heart for a combat injury.

2.  The Board also noted that a PEB determined that the applicant’s disability resulted from a combat related injury.  However, “combat-related injury” is defined as personal injury or sickness which is incurred as a direct result of armed conflict, while engaged in extrahazardous service, or under conditions simulating war; or which is caused by an instrumentality of war.

3.  There is no evidence, and the applicant has provided no evidence, which shows that he was wounded or injured or treated for wounds or injuries sustained as a result of hostile action.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

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

CLA____  TSK_____  CVM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002076570	
SUFFIX		
RECON		
DATE BOARDED	20021210	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.