Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001064816C070421
Original file (2001064816C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 January 2002
         DOCKET NUMBER: AR2001064816

         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. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Melvin H. Meyer Member
Ms. Karen A. Heinz 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: Award of the Purple Heart.

APPLICANT STATES: In effect, that he was wounded in the right knee in May, June, or July of 1952.

EVIDENCE OF RECORD: The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he entered active duty on 16 February 1951. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows that he served overseas for approximately 14 months, but the specific dates of his service in Korea are not shown. The applicant was honorably separated from active duty on 15 February 1954.

The applicant’s DD Form 214 does not show the Purple Heart as an authorized award in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

The applicant’s DD Form 214 shows the entry, “None”, in item 29 (Wounds Received As A Result Of Action With Enemy Forces).

At the time of his separation from the Army, the applicant authenticated his DD Form 214 in his own hand in item 48 (Signature Of Person Being Separated).

There are no orders available to the Board which show that he was awarded the Purple Heart. There also is no evidence in available records that he was wounded or treated for wounds as a result of hostile action.

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. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart.

2. There is no evidence in the limited records available to the Board which shows that the applicant was wounded or treated for wounds as a result of hostile action.

3. The Board noted that the applicant authenticated his DD Form 214 at the time he was separated from active duty, thereby attesting to the facts that he was not wounded in action and was not awarded the Purple Heart.

4. In view of the absence of medical records or other evidence which shows that the applicant was wounded or treated for wounds as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

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 either 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

__AAO__ __MHM__ __KAH__ DENY APPLICATION



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




INDEX

CASE ID AR2001064816
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020129
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY MR CHUN
ISSUES 1. 107.0015.0000
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2001 | 2001062102C070421

    Original file (2001062102C070421.rtf) Auto-classification: Denied

    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 authenticated...

  • ARMY | BCMR | CY2002 | 2002082384C070215

    Original file (2002082384C070215.rtf) Auto-classification: Denied

    EVIDENCE OF RECORD : The applicant's military records show: The DD Form 214 with an effective date of 17 July 1969 covers the applicant's service in Vietnam. The Board noted there is no evidence of record which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

  • ARMY | BCMR | CY2002 | 2002084156C070215

    Original file (2002084156C070215.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: Review of these records did not reveal any General Orders authorizing the applicant an award of the Purple Heart.

  • ARMY | BCMR | CY2003 | 2003085425C070212

    Original file (2003085425C070212.rtf) Auto-classification: Denied

    EVIDENCE OF RECORD : The applicant's military records shows: The Board noted there is no evidence of record which show that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. Additionally, the Board noted that the applicant did not correct his official military records to reflect a Purple Heart in over thirteen years of service in the active Army after his alleged wounding.

  • ARMY | BCMR | CY2002 | 2002071906C070403

    Original file (2002071906C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: Award of the Purple Heart for wounds sustained during his service in Vietnam. Furthermore, in the absence of evidence that the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

  • ARMY | BCMR | CY2002 | 2002075943C070403

    Original file (2002075943C070403.rtf) Auto-classification: Denied

    There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. 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 noted that the applicant authenticated his discharge document at the time of his separation from the Army which shows that he was not awarded the Purple...

  • ARMY | BCMR | CY2001 | 2001065240C070421

    Original file (2001065240C070421.rtf) Auto-classification: Denied

    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. EVIDENCE OF RECORD : The...

  • ARMY | BCMR | CY2002 | 2002073702C070403

    Original file (2002073702C070403.rtf) Auto-classification: Denied

    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. EVIDENCE OF RECORD : The...

  • ARMY | BCMR | CY2002 | 2002081515C070215

    Original file (2002081515C070215.rtf) Auto-classification: Approved

    The applicant's service medical records do not show treatment for wounds or injuries resulting from 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. Therefore, he is entitled to correction of his records to show this award.

  • ARMY | BCMR | CY2001 | 2001066254C070421

    Original file (2001066254C070421.rtf) Auto-classification: Denied

    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. EVIDENCE OF RECORD : The...