| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Barbara J. Ellis | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart for injuries received while fighting in Korea.
APPLICANT STATES: That he was not awarded the Purple Heart for wounds received while fighting in Korea. He further states that he was hit in the back of the head with a gun butt and received shrapnel wounds to the left leg and feet.
EVIDENCE OF RECORD: The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, reconstructed records show:
He initially served 3 years, 8 months and 1 day of active service, of which 11 months and 5 days were spent overseas.
He enlisted in Richmond, Virginia on 19 September 1952 at the age of 21, for a period of 3 years. He served as a signal message clerk until he was discharged under other than honorable conditions at Fort Knox, Kentucky on 8 January 1954, after having served 1 year, 3 months and 11 days of active service during his current enlistment. He had 9 days of lost time and was discharged in the pay grade of E-2.
He applied to the Army Discharge Review Board (ADRB) on 21 August 1956 for an upgrade of his discharge and the ADRB upgraded his discharge to a general discharge.
Hospital admission cards obtained from the Department of the Army Office of the Surgeon General indicate that the applicant was hospitalized in Korea on 11 July 1950 for combat exhaustion. He was classified as a non-battle casualty, not a former prisoner of war, and was returned for general duty.
Although the records are very limited, a review of the available records fails to show that the applicant was ever wounded/injured to the extent that he qualifies for award of the Purple Heart.
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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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 evidence of record fails to clearly show that the applicant was wounded/injured as a result of enemy action or that his wounds were treated by medical personnel and made a matter of official record.
3. The Board has noted the applicant’s contentions; however, neither the evidence submitted with his application or the evidence contained in the available records show that he is entitled to an award of the Purple Heart. Inasmuch as the Board is not an investigative agency, the Board must presume, in the absence of evidence to the contrary, that what the Army did was correct at the time.
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
___fe ___ ___mm__ ___be___ DENY APPLICATION
| CASE ID | AR2001058607 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/10/18 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 61 | 107.0015/PH |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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