| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Mr. Roger W. Able | Chairperson | |
| Ms. Barbara J. Lutz | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: That his records be corrected to show the award of the Purple Heart with four oak leaf clusters.
APPLICANT STATES: That during his war years in Korea, he sustained five separate and distinct wounds in direct combat. He states that due to the high tempo of combat, paperwork documenting his wounds was minimal. In support of his appeal he submits three statements that he made to the Department of Veterans Affairs dated 19 March 1993, 13 September 1993 and 14 February 1994, indicating what he believes to be the events that took place when he was wounded; a Report of Medical Examination for Disability Evaluation dated 20 June 1994, that he submitted to the Veterans Administration describing his medical history; a statement signed by an individual dated 17 December 1995, who states that he was the senior medic that treated the applicant’s wound to the upper area of his right ankle; a statement signed by another individual dated 26 August 1993, indicating that he was a medic in the infantry and explaining the events that he remembered; a letter signed by his wife dated 20 June 1994, attesting to his condition since his discharge from the Army; copies of the Command Reports of the 40th Infantry Division, 224th Infantry for the period covering 1 February to 29 February 1952, 1 March to 31 March 1952 and 1 April to 24 April 1952 detailing the events that took place while he was assigned to that unit.
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 alternate sources. However, the documents provided by the applicant show that he was inducted into the Army on 8 November 1950 and he successfully completed his training as a light weapons infantryman.
His awards include the Army of Occupation Medal (Japan), the Korean Service Medal with one bronze service star, the United Nations Service Medal and the Combat Infantryman Badge.
The applicant was honorably discharged on 24 October 1952 after he completed 1 year, 11 months and 17 days of total active service.
Item number 29 on the applicant’s Report of Separation or Discharge (DD Form 214) indicates that he received no wounds as a result of action with enemy forces.
The Command Report that he submitted in behalf of his application clearly reflects the activities of the 40th Infantry Division, 224th Infantry between 1 February and 24 April 1952. However, the Command Report does not indicate that the applicant was one of the enlisted members that were wounded as a result of action with enemy forces.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound/injury was the result of hostile action, the wound/injury 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. 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.
2. The available evidence fails to clearly show that the applicant was wounded/injured as a result of enemy action or that his wounds/injuries were treated by medical personnel and made a matter of official record.
3. The Board has noted the documentation that the applicant has submitted in support of his appeal; however, the Command Report which would have been accepted as appropriate documentation, does not specify that he was one of the members of the 224th Infantry that was wounded in action. Therefore, without more specific evidence to support his claim of being wounded/injured as a result of enemy action, there is no basis to award him the Purple Heart.
4. 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
__wdp __ ___bjl ___ __rwa___ DENY APPLICATION
| CASE ID | AR2001051567 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/03/08 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 46 | 107.0000 |
| 2. 61 | 107.0015 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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