APPLICANT REQUESTS: That he be awarded the Purple Heart for injuries received in Korea.
APPLICANT STATES: That he was wounded by a mortal shell that caused a hearing loss. He did not seek treatment for the wound because he did not want to be transferred out of the unit. He believes, however, that he should be awarded a Purple Heart for his injury.
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 entered active service on 30 August 1950 and served 7 months and 23 days in Korea. He was honorably released to the USAR on 4 September 1951 in the grade of Sergeant first class.
His awards include the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, the Combat Infantryman Badge, the Presidential Unit Emblem and the Republic of Korea Presidential Unit Citation.
The applicants DD Form 214, Report of Separation, reflects the entry none in the block entitled wounds received as a result of action with enemy forces. Consistent with his statement, his medical records make no mention of any wounds received during his Korean 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 applicants 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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