MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 14 November 2002
         DOCKET NUMBER: AR2002073577

         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. Arthur A. Omartian		Chairperson
Mr. John P. Infante		Member
Ms. Regan K. Smith		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)

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APPLICANT REQUESTS: Award of the Purple Heart and compensation of military pay during his service in Korea. He also requests, in effect, correction of VA Form 21-8947 (Compensation and Pension Award), dated 14 September 1994, which he contends shows that he is deceased.

The applicant’s request for correction of VA Form 21-8947 is a matter within the purview of the Department of the Veterans Affairs (DVA). As such, the Army Board for Correction of Military Records (ABCMR) does not have jurisdiction over this matter; therefore, this request will not be discussed further in this Memorandum of Consideration.

APPLICANT STATES: In effect, that he was wounded four times in Korea and sustained multiple shrapnel wounds to his hands and thighs. He also contends that he was knocked off of a truck by percussion and broke his leg from a mortar shell on 21 September 1950 in Yongtabu, Korea. He further contends that he was never paid while serving in Korea because a DVA medical document indicated that he was dead. In support of his application, he submits an excerpt of an undated appeal; an unidentified document; one page of a letter, dated
11 March 2002, from the ABCMR ; an Honorable Discharge Certificate, dated
19 September 1952; a DD Form 214 (Report of Separation from the Armed Forces of the United States); a Compensation and Pension Exam Report, dated 16 September 1996; a letter, dated 15 May 2002, from the Lorain County Veterans Service Office; an undated letter of explanation; a letter, dated
28 March 2002; a letter, dated 27 March 2002; three undated letters; a second letter, dated 27 March 2002; a letter, dated 26 June 2002, from the Review Boards Agency; a letter, dated 17 May 2002; a letter, dated 11 March 2002, from the ABCMR; an undated letter; and documentation from the DVA.

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 enlisted on 12 August 1949. He served as a field wireman in Korea and was honorably discharged on 19 September 1952.

The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), 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) shows the entry, “None”.

There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Korea.

The applicant’s name does not appear on the Korean Casualty Roster.

The applicant provided documentation from the DVA. A supplemental statement, dated 28 August 1996, states, in pertinent part, “Service medical records, including the separation examination of September 1952 are negative for shrapnel wounds of any part of the body”.

A medical record, dated 22 September 1950, shows the applicant sprained his left ankle when he fell from a truck on 21 September 1950 near Yongtabu, Korea. There is no evidence that this injury was the result of hostile action.

The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 22 September 1950 in Korea for a sprained ankle not incurred as a result of hostile action.

The applicant’s pay records are not contained in the available records. However, the applicant’s DD Form 214 shows, in item 24 (Total Net Service Completed for Pay Purposes) that he completed 3 years, 1 month and 8 days. His DD Form 214 also shows in items 35 (Total Payment Upon Separation) and 36 (Travel or Mileage Allowance Included in Total Payment) that he received payment upon his separation.

There is no evidence in the available records which shows the applicant was not paid during his service in Korea.

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.

The Internet contains a data file identified as Korean War Casualty File which contains casualty information on U.S. Army soldiers who participated in the Korean War. This data file, which is also identified as the "TAGOKOR, 1950-1953," was purchased from the National Archives and Records Administration by an individual who obtained a copyright for this data and now independently manages this web site. The file consists of 109,975 records of individual casualties extracted from the Korean War Casualty File and placed on the web site. The web site notes state that, since errors appear in the original data file published by the U.S. Government, no changes can be made to the original data. The web site also contains "Web Site Additions." These additions reflected casualties that had been somehow "overlooked" in the compilation of the Korean War Casualty File. The web site notes state that the additions were based on either a General Order awarding the Purple Heart, the Certificate for the Purple Heart, or a DD-214 showing the Purple Heart had been awarded and that the additions to the web site listings are distinctively marked in blue and in no way modify the original Korean War Casualty File.
On the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal. When the Korean War Service Medal is 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 unit award to his DD Form 214.

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 four times in Korea and sustained multiple shrapnel wounds to his hands and thighs. However, DVA documentation provided by the applicant states, “Service medical records, including the separation examination of September 1952 are negative for shrapnel wounds of any part of the body”.

2. The Board considered the applicant’s contention that he was knocked off of a truck by percussion and broke his leg from a mortar shell on 21 September 1950 in Yongtabu, Korea. However, medical evidence of record shows the applicant sprained his left ankle when he fell from a truck on 21 September 1950 near Yongtabu, Korea.

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

4. The applicant signed his DD Form 214 on 19 September 1952 attesting to the fact that he was not wounded in action and was not 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.

5. The applicant’s contention that he was never paid while serving in Korea is not supported by the evidence of record. The applicant’s DD Form 214 indicates that he completed 3 years, 1 month and 8 days of net service for pay purposes for the period 12 August 1949 through 19 September 1952. His records also show that he received all pays due at the time of his separation.

6. 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.

7. 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___ JPI_____ RKS_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002073577
SUFFIX
RECON
DATE BOARDED	20021114
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	128.1400
3.
4.
5.
6.