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ARMY | BCMR | CY2002 | 2002066888C070402
Original file (2002066888C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 23 April 2002
         DOCKET NUMBER: AR2002066888

         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:

Ms. Karol A. Kennedy Chairperson
Mr. Mark D. Manning Member
Mr. Thomas Lanyi 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: That he was wounded in action in Korea in 1952 and no one made a report of his wounding. In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

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 4 April 1951. He served in Korea and was honorably released on 9 April 1953 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) on the DD Form 214 states “None”.

There is no evidence in the available 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 wounded in action in Korea in 1952. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or treated for wounds as a result of hostile action in Korea.

2. Evidence of record shows the applicant signed his DD Form 214 attesting to the fact he was not entitled to the Purple Heart.

3. The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to the Purple Heart. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

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

KAK____ MDM____ TL______ DENY APPLICATION



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




INDEX

CASE ID AR2002066888
SUFFIX
RECON
DATE BOARDED 20020423
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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