| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Thomas B. Redfern, III | Member | |
| Mr. Lester Echols | Member |
APPLICANT REQUESTS: That his records be corrected to show entitlement to award of the Purple Heart (PH).
APPLICANT STATES: He provides copies of medical records and correspondence with the Commander, Total Army Personnel Command (PERSCOM). Although there are no records to substantiate his service, the applicant indicates he was separated on 13 June 1953.
EVIDENCE OF RECORD: The applicant's military records were not available and the information herein was obtained from alternate sources.
The Board considered the applicant’s request on 4 December 2001 and, although they voted to deny relief, the board, by unanimous vote, determined that the applicant’s failure to file within the statutory time limits should be excused. Hence the applicant’s case has been reconstituted to excuse his failure to timely file.
A Clinical Record Cover Sheet, 545th General Dispensary, dated 9 May 1952 indicates the applicant (then serving in the grade of sergeant), a member of the 164th Military Police Company, received a penetrating wound of the left leg on 8 May 1952.
A Clinical Record Brief, dated 11 July 1952, prepared by the Tokyo Army Hospital, indicates the “AI: 9 May 1952 in Co. area in Korea when accidentally shot by another EM.” This brief also indicates he was admitted to the hospital from the 21st Evacuation Hospital, Pusan, Korea on 15 May 1952.
In letters to the applicant on 17 and 31 August 2001, the Chief, Military Awards Branch, PERSCOM explained in detail, the provisions of Army Regulation (AR) 600-8-22 (Military Awards) and Title 10, United States Code (USC), Section 1129.
AR 600-8-22 provides, in pertinent part, that the PH 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.
Title 10, USC, section 1129, authorizes the Secretaries of military departments to award the PH to individuals who are killed or wounded by friendly fire. The friendly fire must have occurred while directly engaged in armed conflict and the “friendly” projective or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.
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 applicant is not entitled to award of the PH based on the evidence of record.
2. His contentions have been noted; however, there is no evidence in the available records to support his request.
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 this 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____ __le____ _tbr____ DENY APPLICATION
| CASE ID | AR2001062726 |
| SUFFIX | |
| DATE BOARDED | 20011220 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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