ABCMR Memorandum of                                                             AR2002084156
Consideration (cont)

MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            19 June 2003
	DOCKET NUMBER:   AR2002084156

	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. Richard P. Nelson | | Analyst

  The following members, a quorum, were present:

| Mr. John N. Slone | | Chairperson
| Ms. Lana E. McGlynn | | Member
| Mr. William D. Powers | | 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:  That his records be corrected to reflect award of the Purple Heart as a result of being wounded in an ambush in Korea on 18 January 1951.

APPLICANT STATES:  That he was treated at a battalion aid station after being wounded in an ambush by Chinese soldiers.  In support of his request the applicant has attached a notarized statement from the platoon leader who was with him on the date of the event.

EVIDENCE OF RECORD:  The applicant's military records show:

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 consist primarily of his DD Form 214 (Report of Separation from the Armed Forces of the United States), a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), and a Standard Form 88 (Report of Medical Examination).

The available records show that the applicant enlisted in the Army on 25 May 1950 for a period of 4 years.  He served overseas for a total of 1 year, 10 months and 23 days.  The applicant was honorably separated from active duty on 6 May 1954 in the rank of Technical Sergeant.

Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, and authenticated in the applicant’s own hand, does not show entitlement to award of the Purple Heart.  Item 29  (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214 contains the entry, "None."

The DD Form 215, dated 3 December 1959, adds the Good Conduct Medal, the Korean Service Medal w/2 bronze service stars, the United Nations Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.  The DD Form 215 does not show entitlement to award of the Purple Heart.

There are no orders in the available records which show that the applicant was awarded the Purple Heart and the applicant has not provided a copy of orders awarding the Purple Heart.

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 Standard Form 88 indicates that the applicant was given a separation physical on 5 May 1954.  The form does not mention wounds received while the applicant was on active duty, or show scars consistent with gun shot or shell fragment wounds.  There are no hospital admission records from the Office of the Surgeon General which show the applicant was admitted, or treated, for wounds resulting from gun shot, shell fragment, or any other type wound normally associated with engagement with hostile forces in a combat environment.

A notarized statement signed by the applicant’s platoon leader, present at the time of the incident, indicates that the applicant was wounded on 18 January 1951, during an ambush by Chinese forces, that the applicant was treated at an aid station and that he was awarded the Purple Heart.  Specifically, the statement says that the applicant’s wound was “not life-threatening and after treatment, the applicant was awarded the Purple Heart and discharged back to my command.”

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the foreign unit awards received by units serving in Korea.  This document shows that, at the time of the applicant’s assignment to the 3d Reconnaissance Company, 3d Infantry Division, the unit was cited for award of the Bravery Gold Medal of Greece by Headquarters Department of the Army General Orders (DAGO) Number 2, dated 1956.

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 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.  The Board considered the applicant's request for award of the Purple Heart.

2.  The applicant authenticated his DD Form 214, which did not show award of the Purple Heart or wounds sustained in action.

3.  There are no medical records that show the applicant was wounded, or treated for wounds, as a result of hostile action.

4.  There are no orders which awarded the applicant the Purple Heart.

5.  The Board noted the statement made by the applicant’s former platoon leader; however, this statement, by itself, is insufficient as a basis for award of the Purple Heart, particularly in view of the military records which demonstrate the applicant was not wounded as a result of hostile action and was not awarded the Purple Heart.

6.  Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart.

7.  The Board noted the applicant’s entitlement to award of the Bravery Gold Medal of Greece and determined that his records should be corrected administratively.

8.  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.

9.  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.

NOTE:  The Board requests that the Army Review Boards Agency (ARBA), Support Division, St. Louis, administratively correct the records of the individual concerned to show that he was awarded the Bravery Gold Medal of Greece by DAGO 2, dated 1956.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___JNS__  __WDP__  ___LEM_  DENY APPLICATION

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

INDEX

CASE ID | AR2002084156
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 20030619DD
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE | YYYYMMDD
DISCHARGE AUTHORITY | AR .  .  .  .  .
DISCHARGE REASON |
BOARD DECISION | DENY
REVIEW AUTHORITY |
ISSUES         1. | 107.0015.0000
2. |
3. |
4. |
5. |
6. |