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Decision Text

ARMY | BCMR | CY1995 | 9511077C070209
Original file (9511077C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  That he be awarded the Purple Heart for injuries received in Korea.

APPLICANT STATES:  In effect, that he was wounded in the head while serving in Korea in 1951 but he never received the Purple Heart.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed records.

He was inducted on 25 April 1951 and served 1 year, 2 months and 14 days in Korea.  He was honorably released to the USAR on 19 February 1954 in the grade of private.

His awards include the Good Conduct Medal, the Army of Occupation Medal (Japan), the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, the Combat Infantryman Badge and the Parachutist Badge.

The applicant’s DD Form 214, Report of Separation, reflects the entry “none” in the block entitled wounds received as a result of action with enemy forces.  His separation physical examination makes no mention of any wounds received during service.  Other available medical records do not disclose that the applicant was treated for any wounds during his service.

Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the 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.  Based upon the available records, there is no evidence that the applicant suffered any wounds or injuries during his service that would qualify him for award of the Purple Heart.

2.  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.

3.  In view of the foregoing, there appears to be 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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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