| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Raymond V. O’Connor | Chairperson | |
| Mr. Eric N. Andersen | Member | |
| Mr. Thomas E. O’Shaughnessy | Member |
APPLICANT REQUESTS: In effect, correction of his military records to show that he was injured in the line of duty and award of the Purple Heart.
APPLICANT STATES: That his records are in error as a result of a massive fire to the National Personnel Records Center in St. Louis, Missouri, as indicated in the attached letter from the Director of the location. In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); a letter from the National Personnel Records Center, dated 9 January 2001, to a Member of Congress; a copy of his DD Form 217A (Certificate of Service); his Honorable Discharge Certificate; a copy of his Certificate of Naturalization, dated 6 June 1955; and a medical record, dated
1 June 2001.
EVIDENCE OF RECORD: The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 10 December 1952. He served in Korea and was honorably released on 14 October 1954 and transferred to the U.S. Army Reserve.
The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 states “None”.
There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.
The applicant provided a copy of a Certificate of Naturalization, dated 6 June 1955, in support of his claim. The section which states “Personal description of holder as of date of naturalization” shows the applicant reported that he had “Gun shot scars left leg” in the entry “visible distinctive marks”.
The applicant also provided a medical record, dated 1 June 2001, in support of his claim. The medical record indicates that the applicant appeared at the clinic to request a letter of support in his search for recognition and possible compensation for war time injuries. The applicant reported that he sustained multiple fragment wounds to his left leg as a result of mortar fire from the North Koreans in February 1953. His physical examination revealed seven separate scars on his left leg. However, there is no evidence these scars were the result of hostile action in Korea.
Army Regulation 600-8-22 (Military Awards) 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 considered the applicant’s contention that he sustained multiple fragment wounds to his left leg as a result of mortar fire in February 1953 in Korea. However, there is no evidence of record, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action in Korea.
2. The Board considered the applicant’s contention that his records are in error as a result of a massive fire to the National Personnel Records Center in St. Louis, Missouri. However, evidence of record shows the applicant signed his discharge document on 14 October 1954 attesting to the fact that he did not receive any wounds as a result of action with the enemy and was not entitled to award of the Purple Heart. The National Personnel Records Center fire was in 1973, almost 20 years later.
3. The Board also considered the Certificate of Naturalization and medical record provided by the applicant in support of his claim. However, there is no evidence of record which shows the applicant’s scars on his left leg were the result of hostile action in Korea. Therefore, the applicant is not entitled to correction of his military records to show that he was injured in the line of duty or entitled to the Purple Heart.
4. 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.
5. 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
RVO___ ENA_____ TEO_____ DENY APPLICATION
| CASE ID | AR2001058281 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010927 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 17.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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