MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 25 March 2003
         DOCKET NUMBER: AR2002079117

         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. John N. Slone		Chairperson
Mr. Melvin H. Meyer		Member
Mr. John T. Meixell		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 combat during the Korean War. He contends that in May 1951 his truck was hit with mortar fire and he was knocked unconscious. He states that he sustained injuries to his head, face and left arm and that he was hospitalized for several months.

The Board notes that in the Board of Veterans' Appeals decision, dated 5 June 2000, it states, in pertinent part, "He [the applicant] maintains that he was awarded the Purple Heart. He asserts that this award is not listed on his DD Form 214 because not only is his DD Form 214 replete with errors, but he had two periods of service and not one as shown on his DD Form 214. He asserts that there was a 10 day gap between the two periods of service and maintains that his Purple Heart award was listed on one of the original DD Forms 214, which apparently are no longer in existence or cannot be located."

In support of his application, the applicant submits a copy of the Board of Veterans' Appeals decision, dated 5 June 2000; and a Medical Record Report, dated 26 June 2000.

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 11 September 1950 for a period of 3 years. He served as an artillery communications specialist in Korea and was honorably discharged on 6 July 1956.

The available records contain a DD Form 214 (Report of Separation from the Armed Forces of the United States) covering the period 11 September 1950 through 6 July 1956. His records also contain two Certifications of Military Service covering the periods 11 September 1950 through 30 September 1953 and 1 October 1953 through 6 July 1956.

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) shows the entry, “None”.

There are no orders for the Purple Heart in the available records.

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

The applicant’s name does not appear on the Korean Casualty Roster.
Evidence of record shows that on 3 July 1956 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

In support of his claim for award of the Purple Heart, the applicant submitted a copy of the Board of Veterans' Appeals decision, dated 5 June 2000, which determined that he be afforded a scar and orthopedic examination. The applicant also provided a copy of the examination conducted on 26 June 2000 which shows that the Department of Veterans Affairs (DVA) determined that "The injuries to the nose, left eye, left forehead, and left scalp are related to mortar shell injury from the time of the war 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.

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 paper (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 considered the applicant's contention that he was wounded in combat during the Korean War.

2. The Board also reviewed the DVA medical record that states "The injuries to the nose, left eye, left forehead, and left scalp are related to mortar shell injury from the time of the war in Korea." However, the preponderance of evidence in this case shows that the applicant was not wounded as a result of hostile action in Korea.

3. The applicant signed his DD Form 214 on 6 July 1956 attesting to the fact that he was not wounded as a result of action with the enemy.

4. Therefore, the Board determined that there is insufficient evidence on 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 this 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

JNS____ MHM____ JTM____ DENY APPLICATION

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

---

INDEX

CASE ID	AR2002079117
SUFFIX
RECON
DATE BOARDED	20030325
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.