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Decision Text

ARMY | BCMR | CY2001 | 2001059011C070421
Original file (2001059011C070421.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 September 2001
         DOCKET NUMBER: AR2001059011

         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. Raymond J. Wagner Chairperson
Mr. Kenneth W. Lapin Member
Ms. Paula Mokulis 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 his Report of Separation from the Armed Forces of the United States (DD Form 214) does not include the PH that he was entitled for wounds received in 1953 while serving Korea. In support of his application, he submits a copy of his DD Form 214.

EVIDENCE OF RECORD: 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 DD Form 214.

On 25 July 1952, the applicant was inducted into the Army. He served on active duty for 1 year and 9 months and was awarded the Korean Service Medal with
2 bronze service stars, Good Conduct Medal, United Nations Service Medal, Combat Infantryman Badge, and National Defense Service Medal. On 24 April 1954, he was honorably released from active duty in the rank of sergeant.

Item 27 (Decorations) of the applicant’s DD Form 214 does not show the PH as an authorized award. Also, item 29 (Wounds) contains the entry “None”.

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 notes the applicant’s contention that he is entitled to receive a PH for wounds he received in Korea in 1953. However, it finds insufficient evidence to support this claim.

2. By regulation, in order to support awarding a PH it must be shown that a member was wounded in action, was treated for this wound by military medical personnel, and this treatment was made a matter of official record. While the Board wishes to congratulate the applicant on his outstanding combat service, the available evidence is not sufficient to meet the regulatory criteria necessary to award the PH.

3. 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

__RJW___ __KWL__ ___PM___ DENY APPLICATION



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




INDEX

CASE ID AR2001059011
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/09/20
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. 107.0015
2.
3.
4.
5.
6.



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