| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. Kenneth W. Lapin | Member | |
| Ms. Paula Mokulis | Member |
APPLICANT REQUESTS: Correction of his military records to show award of the Purple Heart.
APPLICANT STATES: In effect, that his service was cut short and he was separated due to injuries and was considered unsatisfactory for service due to a medical condition.
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 8 December 1950. He served as an infantryman in Korea and was honorably released on 24 September 1952 and transferred to the Enlisted Reserve Corps.
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) of the DD Form 214 states “None”.
There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action.
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, and it is concluded:
1. The Board considered the applicant’s contention that he was separated early due to injuries and was considered unsatisfactory for service due to a medical condition. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.
2. There is no evidence of record which shows that the applicant was wounded or treated for wounds due to hostile action during the Korean War.
3. The applicant signed his DD Form 214 on 24 September 1952 attesting to the fact that he was not entitled to award of the Purple Heart.
4. The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to award of the Purple Heart. Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.
5. 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.
6. 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
| CASE ID | AR2001061608 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010920 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001060862C070421
In support of his application, he submits an eyewitness statement, dated 23 July 2001; a neurosurgical examination, dated 20 December 1993; an Honorable Discharge Certificate, dated 24 October 1952; his DD Form 214; a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); and a photograph of a tank. The DD Form 214 with an effective date of 24 October 1952 contained in the applicant’s service personnel records, which was authenticated in his own hand, does not...
ARMY | BCMR | CY2001 | 2001065453C070421
There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action. The Board also concluded that had the battalion surgeon determined the applicant was wounded or injured as a result of hostile action, then he could have submitted the appropriate casualty report on 1 June 1952 which would have resulted in award of the Purple Heart. His argument 49 years after the fact that, it is “reasonable” to assume the...
ARMY | BCMR | CY2001 | 2001052206C070420
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. 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...
ARMY | BCMR | CY2001 | 2001063042C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board notes that according to information provided by the applicant, he was hospitalized in Japan from 6 April 1951 until 5 September 1951, a period of 6 months, and yet there is not one piece of evidence confirming that hospitalization; no SGO files, no treatment records, and no admission documents. In the absence of more conclusive evidence, such as an eyewitness...
ARMY | BCMR | CY2002 | 2002079476C070215
There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded or treated for wounds as a result of hostile action in Korea. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. There is no evidence in the available records which shows that the applicant was wounded or injured as a...
ARMY | BCMR | CY2002 | 2002074668C070403
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. Once the Korean War Service...
ARMY | BCMR | CY2002 | 2002084433C070215
APPLICANT STATES : In effect, that he sustained injuries caused by enemy action in 1951 in Korea which required medical attention from medics and hospitalizations in 1952. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. The Board considered the applicant's contention that he sustained injuries caused by enemy action in 1951 in...
ARMY | BCMR | CY2001 | 2001052767C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In support of his application, he submits a Memorandum, dated 25 January 2001, from the Veterans Services Division in Visalia, California; a VA Rating Decision, dated 29 April 1999; numerous copies of medical records dated 1954; Reports of Medical Examination, dated 6 March 1952 and 13 September 1954; a copy of his DD Form 214; and an Honorable Discharge Certificate from...
ARMY | BCMR | CY2001 | 2001051567C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The available evidence fails to clearly show that the applicant was wounded/injured as a result of enemy action or that his wounds/injuries were treated by medical personnel and made a matter of official record. The Board has noted the documentation that the applicant has submitted in support of his appeal; however, the Command Report which would have been accepted as...
ARMY | BCMR | CY2006 | 20060002849C070205
The applicant requests reconsideration of her father's, a former service member (FSM), previous request for award of the Purple Heart. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2001060620 on 29 November 2001. This evidence is sufficient to show that the FSM is entitled to award of the Purple Heart and correction of his...