APPLICANT REQUESTS:  That he be awarded the Purple Heart for wounds received in Korea.

APPLICANT STATES:  That he was wounded from enemy fire in October 1952 in Korea.  After being treated at the aid station and released the incident was ignored by his commander.  He believes that he was not treated fairly because he was the only black NCO in the unit.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed records.

He enlisted in the Regular Army for 6 years on 22 August 1950 and served 11 months and 18 days in Korea.  He was honorably discharged at the expiration of his term of service on 21 August 1956 as a sergeant.

His awards include the Korea Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Good Conduct Medal and the Republic of Korea Presidential Unit Citation Badge.

The applicant’s DD Form 214, Report of Transfer or Discharge, reflects the entry “none” in the block entitled wounds received as a result of action with enemy forces.  His medical records show, however, that he was treated on numerous occasions for injuries to the ankle, knee, back and shoulder but no wounds or injuries that would qualify for award of the Purple Heart.

The applicant’s separation physical examination contains no entries referring to wounds received as a result of hostile action.

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 by a medical officer, 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.  Based on the available records, there is no evidence that he suffered a combat related injury that would qualify him for award of the Purple Heart.

2.  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.

3.  In view of the foregoing, there appears to be 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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director