MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:          9 September 2003                   
	DOCKET NUMBER:  AR2002080818

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas A. Pagan		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:  Reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart and the Expert Badge with Rifle Bar. 

APPLICANT STATES:  In effect, that two September 2002 medical reports, the fact that lymphangitis is an infected wound, and photographs from Korea demonstrate that award of the Purple Heart is warranted.  He relates that he does not actually know if enemy fire caused the splinters or if the wound was sustained while man-handling the machinegun into position.  He knows that he is entitled to the Expert Badge with Rifle Bar because he was issued new uniforms in Japan and told exactly what insignia was to worn.  He wonders if it is improper to display the Expert Badge with Rifle Bar in his "medal case." 

[The applicant notes that when his awards were replaced he did not receive the authorized bronze service stars for wear on the (Korean Service Medal).  These appurtenances are not currently, nor have they ever been, issued.  They are commercially available from almost any supplier of military insignia.] 

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case (AR2001057185) on 25 September 2001.

The applicant’s contentions are new evidence that require Board consideration.

The original record of proceedings noted that the applicant was treated for lymphangitis, which is an infected wound.  The submitted medical reports show that both of the medical doctors consulted opined that treatment for lymphangitis was consistent with the applicant's report that he sustained wood splinters as the result of enemy fire.

In a telephone conversation with the applicant the analyst explained that the medical statements seemed to rest on his own, unsubstantiated description of the incident, which the Board might again find inadequate as a basis for award of the Purple Heart.  He was encouraged to locate a comrade-in-arms who could substantiate his account.  To date he has not done so.

The photographs show military police in Korean War era fatigue uniforms guarding a train and an open railway car partially filled with sand and with a sandbagged perimeter and a light machinegun. 

Army Regulation 15-185 sets forth the policy and procedures for the ABCMR.  It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration.  The staff of the Board is authorized to determine whether or not such evidence has been submitted.

The regulation provides further guidance for reconsideration requests that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case.  In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision.  If the staff finds such evidence, the case will be resubmitted to the Board.  If no such evidence is found, the application will be returned without action.

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 medical reports are inadequate to support award of the Purple Heart.  They simply reflect the doctors' opinions that the medical treatment of record is consistent with the facts as related by the applicant.   
 
2.  Treatment for an infected wound is a matter of record; however, the cause of that wound is unknown.  Whether an enemy projectile caused the splinters or if it was sustained while manhandling the machinegun is irrelevant, but substantiation of enemy action is essential.  Unfortunately, in the absence of such substantiation award of the Purple Heart is not appropriate.  

3.  Unfortunately, there is no available evidence to show that the applicant qualified Expert with the service rifle; however this Board has no authority to determine what is displayed in the applicant's "medal case."  That is entirely a private matter.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__SLP__  ___WTM_  __TAP___  DENY APPLICATION

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

INDEX

CASE ID	AR2002080818	
SUFFIX		
RECON		
DATE BOARDED	20030909 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0112	
3.		
4.		
5.		
6.