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ARMY | BCMR | CY2001 | 2001063269C070421
Original file (2001063269C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 10 January 2002
         DOCKET NUMBER: AR2001063269

         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
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Ted S. Kanamine Member
Mr. John T. Meixell 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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 15 September 1951 to show award of the Purple Heart.

APPLICANT STATES: That he was injured and has shrapnel in his leg because of enemy fire.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant was inducted on 22 November 1948, served as an armored car crewman and was honorably discharged on 26 January 1950 and transferred to the Enlisted Reserve Corps (ERC). The applicant was ordered to active duty on
20 September 1950. He served as a cook in Korea from 27 December 1950 through 10 August 1951 and was honorably discharged from active duty on
15 September 1951 and transferred to the ERC to complete his remaining obligation. He was honorably discharged from the ERC on 26 January 1955.

The applicant’s DD Form 214 with an effective date of 15 September 1951, 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 shows the entry, “None.”

There is no evidence in the applicant’s personnel service records which shows 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, it is concluded:

1. The Board considered the applicant’s contention that he was injured and has shrapnel in his leg because of enemy fire. 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 15 September 1951 attesting to the fact that he was not wounded as a result of action with enemy forces and was not entitled to award of the Purple Heart. Therefore, there is no evidence upon which to base award of the Purple Heart to the applicant.

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

FNE____ TSK_____ JTM_____ DENY APPLICATION



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




INDEX

CASE ID AR2001063269
SUFFIX
RECON
DATE BOARDED 20020110
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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