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Decision Text

ARMY | BCMR | CY1996 | 9607874C070209
Original file (9607874C070209.txt) Auto-classification: Denied
APPLICANT REQUESTS:  That he be awarded the Purple Heart for injuries sustained in Korea.

APPLICANT STATES:  That he was wounded in action in Korea in 1951 and the Purple Heart was never entered on his report of separation (DD Form 214).  In support of his request he provides a copy of a 3d Infantry Division certificate indicating that he had been awarded the Combat Infantryman Badge, the U.N. Ribbon, the Japan Occupation Ribbon, the Korean Service Medal, the Bronze Star and 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 enlisted in the Regular Army for 3 years on 25 January 1949 and served 10 months and 17 days in Korea.  He was honorably discharged on 9 June 1952.  His awards include the Good Conduct Medal, the Army Occupation Medal (Japan), the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal and the Combat Infantryman Badge.

The applicant’s DD Form 214 reflects the entry “NA” in the block entitled wounds received as the result of action with enemy forces.  The available records contain no information to indicate that he was awarded the Purple Heart or suffered any wounds that would qualify him for that award.

Copies of morning reports for his unit were researched but show only that he was carried as sick in the hospital as of 4 May 1951.  The morning report entries do not describe the nature of his illness or its cause.

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.  The copy of the 3d Infantry Division certificate reflecting his awards is not, in and of itself, considered sufficient evidence to issue the award.  Each award must be verifiable elsewhere in the record.  In this case, however, the record does not contain evidence to support award of the Purple Heart.

2.  Furthermore, there is no evidence that he suffered a wound or injury during his service that would qualify for the Purple Heart.

3.  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.

4.  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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