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ARMY | BCMR | CY2001 | 2001056977C070420
Original file (2001056977C070420.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 24 July 2001
         DOCKET NUMBER: AR2001056977

         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. John N. Slone Chairperson
Ms. Margaret V. Thompson Member
Mr. William D. Powers 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: In effect, that he be awarded the Purple Heart (PH).

APPLICANT STATES: In effect, that on 20 July 1950, he received a shrapnel wound to his left leg in Taejon, Korea. He indicates that he removed the shrapnel from his leg and provided medical treatment to himself because he was a unit medical corpsman (Medic) and had been behind enemy lines for
20 days. In support of his application, he provides the enclosed witness statement.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973. The information herein was gleaned from a copy of the applicant’s separation document and other available files.

The applicant’s separation document confirms that he entered the Army on
10 May 1948, and served for 3 years, 10 months, and 29 days until being honorably released from active duty on 9 April 1952. This document also shows that during his tenure on active duty he attained the rank of corporal and earned the Korean Service Medal, Army of Occupation Medal (Japan), and Combat Medical Badge, the PH was not among the listed awards. Block 29 (Wounds Received In Action) of his separation document contains the entry “NA”, which indicates he was never wounded in action.

The witness statement provided by the applicant indicates he observed the applicant sleeping on a jeep when two North Korean tanks began to fire. He further comments that both enemy tanks were destroyed by bazooka fire and exploded. He saw the jeep on which the applicant was sleeping on fire and remembers thinking that no one could survive the jeep fire. He indicates that about a week later he saw the applicant, who had cuts on his legs, which the applicant told him was the result of shrapnel wounds he received from the jeep fire.

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. The Board noted the applicant’s claim of entitlement to the PH but finds no evidence to support this claim of entitlement. The supporting witness statement confirms only that he was viewed sleeping on a jeep that was later seen on fire and that he told this witness a week later that he sustained shrapnel wounds from that jeep fire. There is no other evidence to corroborate this claim.

2. In the absence of official medical records verifying that the applicant was treated for a wound sustained as the result of enemy action, as is required by regulation, the Board concludes there is an insufficient evidentiary basis to justify awarding him the PH.

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 the aforementioned requirement.

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

__JNS__ __ MVT __ __WDP__ DENY APPLICATION




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



INDEX

CASE ID AR2001056977
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/0724
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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