Mr. Carl W. S. Chun | Director | |
Ms. Wanda L. Waller | Analyst |
Mr. Fred N. Eichorn | Chairperson | |
Mr. Ted S. Kanamine | Member | |
Mr. John T. Meixell | Member |
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
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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