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ARMY | BCMR | CY2002 | 2002075504C070403
Original file (2002075504C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002075504

         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. Raymond V. O’Connor Chairperson
Ms. Karen A. Heinz Member
Ms. Barbara J. Ellis 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 is entitled to award of the Purple Heart for a scalp wound sustained from a mortar shell on or about 30 April 1951 in Korea. 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); a letter, dated 6 June 2000; a letter, dated 18 June 2000; an undated letter; and excerpts of letters the applicant wrote to his wife during 1950, 1951 and 1952.

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 18 September 1950, served in Korea and was honorably discharged on 17 September 1953.

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 shows the entry, “NA” [Not Applicable].

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 applicant’s separation medical examination conducted on 16 September 1953 makes no mention of any injuries or wounds sustained as a result of hostile action in Korea.

The Office of the Surgeon General Hospital List shows the applicant was hospitalized on three occasions in Korea for medical conditions not incurred as a result of hostile action.

The applicant provided a copy of a letter, dated 6 June 2000, wherein he responded to a Korean War veteran’s request for information. The applicant indicated in this letter that he too was searching for information, specifically, for any proof or someone’s knowledge of his scalp wound incurred on or about
30 April 1951 in Korea. The Korean War veteran responded to the applicant’s letter on 18 June 2000. His letter states, in pertinent part, “You most certainly should get the Purple Heart for all your trauma including that scalp wound - since I was your battalion surgeon at the time.”

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.
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 noted the applicant’s contention that he is entitled to award of the Purple Heart for a scalp wound sustained from a mortar shell on or about 30 April 1951 in Korea.

2. There is no evidence in the available records which shows the applicant was wounded or injured as a result of hostile action in Korea.

3. The Board considered the statement provided by the applicant’s battalion surgeon at the time in question. However, this statement made almost 50 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded.

4. The applicant signed his discharge document on 17 September 1953 attesting to the fact that he was not wounded as a result of action with enemy forces and that he was not entitled to the Purple Heart.

5. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

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

RVO____ KAH____ BJE_____ DENY APPLICATION



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




INDEX

CASE ID AR2002075504
SUFFIX
RECON
DATE BOARDED 20021024
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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