Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002075183C070403
Original file (2002075183C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 September 2002
         DOCKET NUMBER: AR2002075183

         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. Elzey J. Arledge Chairperson
Mr. Thomas B. Redfern Member
Ms. Barbara J. 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: Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.

APPLICANT STATES: That he was shot in his right leg by the enemy and also received shrapnel wounds in his right leg from a mine while in Korea. In support of his application, he submits a copy of his DD Form 214.

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 3 December 1952. He served as an infantryman in Korea and was honorably discharged on 12 October 1954.

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) of the DD Form 214 states “NA.”

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.

The available records contain two hospital admission cards created by the Office of the Surgeon General of the Army. These medical records do not show that the applicant was hospitalized or treated for wounds or injuries as a result of hostile action 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.

As a matter of information, 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 service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge document (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. 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.

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 noted the applicant’s contention that he was shot in his right leg by the enemy and also received shrapnel wounds in his right leg from a mine while in Korea. 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. The applicant signed his DD Form 214 on 12 October 1954 attesting to the fact he was not entitled to the Purple Heart and that he was not wounded as a result of action with enemy forces. Therefore, the Board determined that there was insufficient evidence on which to base award of the Purple Heart.

3. 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.

4. 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

EJA____ TBR_____ KAH____ DENY APPLICATION



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




INDEX

CASE ID AR2002075183
SUFFIX
RECON
DATE BOARDED 20020917
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002074473C070403

    Original file (2002074473C070403.rtf) Auto-classification: Approved

    There is no evidence in the applicant’s service personnel records that shows he was awarded the Purple Heart or was wounded as a result of hostile action. 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. However, evidence of record shows the applicant participated in three campaigns during his assignment in Korea which are not...

  • ARMY | BCMR | CY2002 | 2002078631C070215

    Original file (2002078631C070215.rtf) Auto-classification: Denied

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

  • ARMY | BCMR | CY2002 | 2002077603C070215

    Original file (2002077603C070215.rtf) Auto-classification: Approved

    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. Medical evidence of record shows the applicant was wounded in action on 3 October 1951 in Sinchon, North Korea. Based on the foregoing, the Board determined that the applicant’s DD Form 214 should be corrected to show award of the Purple Heart in item 27 (Decorations, Medals,...

  • ARMY | BCMR | CY2004 | 20040001201C070208

    Original file (20040001201C070208.doc) Auto-classification: Approved

    A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart and the...

  • ARMY | BCMR | CY2002 | 2002079890C070215

    Original file (2002079890C070215.rtf) Auto-classification: Approved

    The applicant states that his DD Form 214 does not include award of the Purple Heart for wounds received in action. As a matter of information, 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. Once the Korean War Service Medal has been authorized by the...

  • ARMY | BCMR | CY2004 | 20040010941C070208

    Original file (20040010941C070208.doc) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. His DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal, the United Nations Service Medal, the Army Occupation Medal (Germany) and the Combat Infantryman Badge. The available evidence of record shows that the applicant was wounded in action against the enemy on 22 May 1952 and that he was treated by medical personnel for those wounds.

  • ARMY | BCMR | CY2005 | 20050004283C070206

    Original file (20050004283C070206.doc) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his separation document.

  • ARMY | BCMR | CY2004 | 20040000611C070208

    Original file (20040000611C070208.doc) Auto-classification: Denied

    He was evacuated for a wound in the left calf of leg (not varicose veins). 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. There is nothing in any other hospital documents regarding the wound.

  • ARMY | BCMR | CY2003 | 2003086111C070212

    Original file (2003086111C070212.rtf) Auto-classification: Approved

    He was released from active military service at Murphy Army Hospital, Waltham, Massachusetts, on 3 November 1952, in the rank of Sergeant, under the provision of Army Regulation (AR) 615-360, at the expiration of his term of service. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to have it added to his DD Form 214. That all Department of the Army records related to this case be...

  • ARMY | BCMR | CY2005 | 20050005010C070206

    Original file (20050005010C070206.doc) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of 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 medical evidence of record which shows the applicant was wounded in action on 30 May 1951 in Korea is accepted as...