MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 September 2002
	DOCKET NUMBER:   AR2002075943

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J Arledge		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Karen A. Heinz		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 it "appears" he should have been awarded the Purple Heart for wounds sustained in Korea.  He contends that the Purple Heart does not appear on his DD Form 214 (Report of Separation from the Armed Forces of the United States) due to an oversight.  

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant entered active duty on 15 March 1951.  He completed training as an infantryman and served in Germany and Korea.  He was separated from active duty on 26 February 1954.

The applicant's DD Form 214 does not show the Purple Heart as an authorized award in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  

Item 29 (Wounds Received As A Result Of Action With Enemy Forces) on the applicant's DD Form 214 contains the entry "NA" [not applicable].

There is no evidence in the applicant's records which shows that he was wounded or treated for wounds as a result of hostile action.  

Documents in the applicant's reconstructed personnel records show that the National Archives and Records Administration searched the Sick Reports of Company B, 38th Infantry Regiment.  This search revealed no records showing the applicant was wounded or sustained frostbite or was hospitalized as result of hostile action in Korea.  

Records also show the National Archives and Records Administration searched the Morning Reports of Company B, 38th Infantry Regiment.  This search revealed no remarks on unit Morning Reports showing the applicant was sick, injured or hospitalized.  

There are also no admission cards in the Records of The Surgeon General of the Army which show that the applicant was treated or hospitalized for wounds sustained as a result of hostile action or that he was treated for severe frostbite resulting from combat.

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, and the medical treatment must have been made a matter of official record.

While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award.  Until 23 August 1951, Army Regulation 600-45, which governed the award of Army decorations, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.

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 document (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 request for award of the Purple Heart.

2.  The Board noted that the applicant authenticated his discharge document at the time of his separation from the Army which shows that he was not awarded the Purple Heart and that he was not wounded as a result of enemy action.

3.  The Board also noted that there was no evidence the applicant was treated for frostbite sustained as a result of combat during his service in Korea. 

4.  A search of Sick Reports, Morning Reports and hospital admission records of the Office of The Surgeon General of the Army did not produce any evidence the applicant was wounded as a result of hostile action or was treated for severe frostbite sustained in combat.

5.  In the absence of orders awarding the applicant the Purple Heart or medical records showing that he was wounded or treated for wounds or frostbite sustained in combat, there is insufficient evidence upon which to award the Purple Heart to the applicant.

6.  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 either requirement.

7.  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

__EJA__  ___KAH__  __TBR___  DENY APPLICATION

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

INDEX

CASE ID	AR2002075943	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020917	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.