MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 June 2003
	DOCKET NUMBER:   AR2002080650

	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. Fred N. Eichorn		Chairperson	
	Mr. Hubert O. Fry		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.

APPLICANT STATES:  That he was wounded in Korea and should have received the Purple Heart.  He states that he was serving with Company E of the 17th Infantry Regiment when he was wounded in the right thigh.  The applicant also stated that he was operated on in the Swedish Red Cross Hospital located at Pusan, South Korea.  

In support of his application, the applicant provides a written statement, dated 17 February 2002, from his father.

EVIDENCE OF RECORD:  The applicant's records have been lost or destroyed.  This case is being considered based on reconstructed records which consist primarily of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States).

The applicant's DD Form 214 shows that he entered active duty on 20 June 1951 and completed training as an infantryman.  He served over 22 months of overseas service; however, the exact dates and locations of his service are not shown on his DD Form 214.  The applicant was separated on 4 August 1954 with a General Discharge.  

There are no orders in the limited records available to the Board which show that he was awarded the Purple Heart.  There also is no evidence that he was wounded or treated for wounds as a result of hostile action.  

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

The applicant's DD Form 214 also shows in item 29 (Wounds Received As A Result Of Action With Enemy Forces) the entry, "NA."  

The applicant's reconstructed records contain a DD Form 215 (Correction of a DD Form 214).  This form shows that, on 8 December 1954, the Adjutant General of the Army corrected the applicant's records to show all the awards to which the applicant was entitled.  The Purple Heart is not among those awards shown on this DD Form 215.

The applicant's name is not listed on the Korean War Casualty Roster.  There is no hospital record available from the Office of The Surgeon General which shows the applicant was wounded or treated for wounds as a result of hostile action.  

A staff member of the Army Review Boards Agency conducted a review of unit records maintained at the National Archives in College Park, Maryland.  Review of these records did not reveal any General Orders authorizing the applicant an award of the Purple Heart.  

The applicant provided a written statement from his father, dated 17 February 2002.  The applicant's father stated only that his son was wounded in Korea on 19 June 1952.  No additional evidence, such as medical records or a telegram from the Department of the Army notifying the next of kin of the applicant's wounds, were provided in support of this statement.

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.

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.  There is no evidence in the records available to the Board which shows that the applicant was wounded or treated for wounds resulting from hostile action.  

3.  The Board noted that, at the time of the applicant's separation from active duty, his DD Form 214 did not show award of the Purple Heart.  

4.  The Board also noted that, when the applicant's records were corrected with a DD Form 215 on 8 December 1954, the Purple Heart was not among those awards added to his DD Form 214.  

5.  The Board noted the statement made by the applicant's father, particularly that the applicant was wounded on 19 June 1952.  However, no additional evidence or other information was provided by the applicant or his father to support this statement.  As a result, the Board determined that the statement by itself is insufficient for award of the Purple Heart, particularly in view of the military record which shows that he was not wounded and was not awarded the Purple Heart and particularly in the absence of any service personnel or medical record which confirms wounds or treatment resulting from hostile action.  

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 this 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

__FNE__  __HOF__  ___MJT__  DENY APPLICATION

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

INDEX

CASE ID	AR2002080650	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030617	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.