MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 June 2003                   
	DOCKET NUMBER:   AR2002084433

	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. John P. Infante 		Member	
	Ms. Eloise C. Prendergast 		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:  In effect, that he sustained injuries caused by enemy action in 1951 in Korea which required medical attention from medics and hospitalizations in 1952.  He also contends that his injuries were not reported at the time to spare his parents the trauma of knowing of the injury and the danger involved.  In support of his application, he submits an undated letter of explanation; a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); a letter, dated 7 April, from the applicant to his parents; an undated letter from the applicant to his parents; the first page of a Standard Form 88 (Report of Medical Examination), dated 5 March 1953; a NA Form 13045 (Informal Information Reply), dated 15 April 1993; a letter, dated 1 March 2000, from the applicant's physician; and a document titled "Operation Nomad" with numerous photographs depicting combat scenes. 

EVIDENCE OF RECORD:  The applicant's military records have been lost or destroyed.  This case is being considered using reconstructed records.  The applicant's reconstructed records consist primarily of the DD Form 214 and service medical records.

The applicant's reconstructed records show the applicant was inducted on 3 April 1951.  He served as an infantryman in Korea and was released from active duty on 8 March 1953.

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) of the DD Form 214 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 Korea.

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

The available records contain a Clinical Record, dated 14 February 1952, which shows that the applicant reported that he had recurrent boats of severe sore throats and constant colds.  The applicant also reported that he had been seen by many Army medics for therapy and was told that he needed a tonsillectomy.

The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 22 February 1952 in Japan for a tonsillectomy.  Medical records show the tonsillectomy was performed on 26 February 1952.   

The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 25 March 1952 for an infection of external auditory meatus, diffuse (ear infection) in Korea.   

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.

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 (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 contention that he sustained injuries caused by enemy action in 1951 in Korea which required medical attention by medics and hospitalizations in 1952.  However, medical evidence of record shows the applicant was hospitalized for a tonsillectomy in February 1952 in Japan and hospitalized for an ear infection in March 1952 in Korea.

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

3.  Based on the foregoing, 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

RVO___  JPI_____  ECP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002084433	
SUFFIX		
RECON		
DATE BOARDED	20030612	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.