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Decision Text

ARMY | BCMR | CY2001 | 2001052576C070420
Original file (2001052576C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 3 April 2001
         DOCKET NUMBER: AR2001052576

         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. William Blakely Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Thomas F. Baxter Member
Mr. John T. Meixell 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 he be awarded the Purple Heart (PH).

APPLICANT STATES: That he was awarded the PH while assigned to Korea.

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 in 1973. The information herein was gleaned from a copy of the applicant’s DD Form 214 (Report of Separation from the Armed Services of the United States). The file did contain Standard Form 88 (Report of Medical Examination).

His separation document shows he was inducted on 8 September 1952 and was trained and served as an Infantryman. He was awarded the Presidential Unit Citation, the Korean Service Medal with 1 bronze service star, the United Nations Service Medal, the National Defense Service Medal, and the Combat Infantryman Badge. He attained the rank of sergeant and was honorably released from active duty on 18 August 1954.

The applicant’s Standard Form 88 dated 17 August 1954, that cleared him for separation, did not indicate that he had sustained a combat wound.

The applicant’s separation document does not show the PH as an authorized award nor that he was wounded.

On 9 May 1997 DA Form 1577 (Authorization for Issuance of Awards) issued the applicant the Good Conduct Medal, and reissued to the applicant the Korean Service Medal with 1 bronze service star, the United Nations Service Medal, the National Defense Service Medal, the Combat Infantryman Badge, and the Presidential Unit Citation.

Army Regulation 600-8-22 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, 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. From a review of available personnel records, there is no evidence to show that the applicant suffered any wounds that would entitle him to the PH.

2. The applicant’s medical examination dated 17 August 1954 cleared him for separation and did not indicate that he had sustained a combat wound.

3. The applicant did not provide evidence that he was wounded as a result of hostile action, that his wounds required medical treatment by a medical officer, and that the medical treatment was a made a matter of official record.

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

__WTM__ __TFB___ __JTM___ DENY APPLICATION



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




INDEX

CASE ID AR2001052576
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010403
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. 107.00
2.
3.
4.
5.
6.


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