MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 January 2003 
	DOCKET NUMBER:   AR2002078631

	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:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Marla J. Troup		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 for wounds received in action in Korea.

APPLICANT STATES:  That he was wounded in Korea in 1951 and never received the Purple Heart.  He contends that he was injured when his jeep hit a land mine.

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

The applicant enlisted on 13 August 1947.  He remained on active duty through continuous reenlistments and served during the Korean and Vietnam Wars.  On 29 June 1979, the applicant was honorably discharged by reason of physical disability in the rank of command sergeant major.   

The available records do not contain a discharge document covering the applicant’s period of service from 5 October 1950 through 5 February 1956.  His records do contain a Certificate of Military Service for this period of service.

There is no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action in Korea.

The applicant’s name does not appear on the Korean War Casualty Roster. 

The available records do contain a Casualty Report, dated 7 May 1951, which shows that the applicant was accidentally injured on 2 May 1951 in Korea when the jeep he was riding in was forced off the road.  The applicant sustained a fracture of the right clavicle.  This report also shows the entries, “Nonbattle Casualty” and “NO – PH” [No Purple Heart].

The available records do not contain any medical records for the period of the applicant’s service in Korea.

The Board notes that the applicant’s DD Form 214 (Report of Transfer or Discharge) with an effective date of 4 February 1971 shows the Purple Heart as an authorized award.  His DA Form 20 (Enlisted Qualification Record) shows that he sustained a fragment wound to his left leg on 28 February 1968 in Vietnam and that he was awarded the Purple Heart.

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.

Special Regulations Number 615-360-1 (Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required.  In pertinent part, it directed that a Report of Separation from the Armed Forces of the United States (DD Form 214) is furnished to all enlisted personnel separated from the active military service except for the following:  (1) members of the Army Reserve ordered into the active military service for a period of 90 days, or less; (2) members of the Regular Army and reserve components who are reenlisted in the Regular Army at station of discharge within 24 hours of discharge; or (3) members of reserve components discharged while on active duty to reenlist in their respective reserve components (USAR or NG and NGUS) and continue on active duty.

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 paper (DO 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 contention that he was wounded in Korea in 1951 when his jeep hit a land mine.  However, the evidence of record does not support this contention.

2.  Evidence of record shows the applicant was accidentally injured on 2 May 1951 in Korea when the jeep he was riding in was forced off the road.  Evidence of record also shows that this injury was a “nonbattle casualty” and there was no entitlement to a Purple Heart.    
3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Korea.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart for wounds received as a result of hostile action in Korea.

4.  Evidence of record does show that the applicant was wounded in action on 
28 February 1968 in Vietnam and that he was awarded the Purple Heart.  This award is properly shown on his DD Form 214 with an effective date of 4 February 1971.

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 this 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

RVO____  AAO____  MJT_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002078631	
SUFFIX		
RECON		
DATE BOARDED	20030116	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.