MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 September 2002
	DOCKET NUMBER:   AR2002074606

	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. Arthur A. Omartian		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Kenneth W. Lapin		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 while en route to his company area on 
2 July 1957, he was brutally attacked by unknown assailants in Berlin.  His injuries required medical treatment and the trauma caused vision loss in his right eye.  He feels the assault was the result of an act of a hostile force given the location and circumstances of his mission.  In support of his application, he submits a letter of explanation, dated 18 April 2002; a document titled “A Short History of the Berlin Command”; a Clinical Record, dated 3 July 1957; a Clinical Record Cover Sheet, dated 3 July 1957; an e-mail, dated 4 September 1999; a DD Form 149 (Application for Correction of Military Record), dated 24 October 2000, wherein the applicant requests that his medical records be corrected to show “Patient was attacked as a result of a hostile force on 2 July 1957.”; and a copy of his DD Form 214.  

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 on 20 August 1954 for a period of 3 years.  He trained as a light weapons infantryman and was honorably released from active duty on 
7 August 1957.

The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 shows the entry, “NA” [not applicable].

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 support of his claim for award of the Purple Heart, the applicant provided a document titled “A Short History of the Berlin Command.”  However, this document does not show that the applicant was wounded as a result of hostile action. 

The applicant also provided medical records which show that he was allegedly attacked by unknown assailants on 2 July 1957 and sustained a concussion and a simple fracture.  However, there is no evidence that these injuries were the result of hostile action. 

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 considered the medical evidence provided in support of the applicant’s claim for award of the Purple Heart.  However, these medical records do not show that the applicant was wounded or treated for wounds as a result of hostile action.

2.  Evidence of record does show the applicant signed his discharge document on 7 August 1957 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.  

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

AAO___  DPH_____  KWL_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002074606	
SUFFIX		
RECON		
DATE BOARDED	20020924	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.