Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002084156C070215
Original file (2002084156C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2002084156

         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
Mr. Richard P. Nelson Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Lana E. McGlynn Member
Mr. William D. Powers 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: That his records be corrected to reflect award of the Purple Heart as a result of being wounded in an ambush in Korea on 18 January 1951.

APPLICANT STATES: That he was treated at a battalion aid station after being wounded in an ambush by Chinese soldiers. In support of his request the applicant has attached a notarized statement from the platoon leader who was with him on the date of the event.

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

The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and consist primarily of his DD Form 214 (Report of Separation from the Armed Forces of the United States), a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), and a Standard Form 88 (Report of Medical Examination).

The available records show that the applicant enlisted in the Army on 25 May 1950 for a period of 4 years. He served overseas for a total of 1 year, 10 months and 23 days. The applicant was honorably separated from active duty on 6 May 1954 in the rank of Technical Sergeant.

Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, and authenticated in the applicant’s own hand, does not show entitlement to award of the Purple Heart. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214 contains the entry, "None."

The DD Form 215, dated 3 December 1959, adds the Good Conduct Medal, the Korean Service Medal w/2 bronze service stars, the United Nations Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar. The DD Form 215 does not show entitlement to award of the Purple Heart.

There are no orders in the available records which show that the applicant was awarded the Purple Heart and the applicant has not provided a copy of orders awarding the Purple Heart.

A staff member of the Army Review Boards Agency conducted a review of unit records maintained at the National Archives in College Park, Maryland. Review of these records did not reveal any General Orders authorizing the applicant an award of the Purple Heart.

The Standard Form 88 indicates that the applicant was given a separation physical on 5 May 1954. The form does not mention wounds received while the applicant was on active duty, or show scars consistent with gun shot or shell fragment wounds. There are no hospital admission records from the Office of the Surgeon General which show the applicant was admitted, or treated, for wounds resulting from gun shot, shell fragment, or any other type wound normally associated with engagement with hostile forces in a combat environment.

A notarized statement signed by the applicant’s platoon leader, present at the time of the incident, indicates that the applicant was wounded on 18 January 1951, during an ambush by Chinese forces, that the applicant was treated at an aid station and that he was awarded the Purple Heart. Specifically, the statement says that the applicant’s wound was “not life-threatening and after treatment, the applicant was awarded the Purple Heart and discharged back to my command.”

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the foreign unit awards received by units serving in Korea. This document shows that, at the time of the applicant’s assignment to the 3d Reconnaissance Company, 3d Infantry Division, the unit was cited for award of the Bravery Gold Medal of Greece by Headquarters Department of the Army General Orders (DAGO) Number 2, dated 1956.

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 by a medical officer, 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 request for award of the Purple Heart.

2. The applicant authenticated his DD Form 214, which did not show award of the Purple Heart or wounds sustained in action.

3. There are no medical records that show the applicant was wounded, or treated for wounds, as a result of hostile action.

4. There are no orders which awarded the applicant the Purple Heart.

5. The Board noted the statement made by the applicant’s former platoon leader; however, this statement, by itself, is insufficient as a basis for award of the Purple Heart, particularly in view of the military records which demonstrate the applicant was not wounded as a result of hostile action and was not awarded the Purple Heart.

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

7. The Board noted the applicant’s entitlement to award of the Bravery Gold Medal of Greece and determined that his records should be corrected administratively.

8. 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.

9. 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.

NOTE: The Board requests that the Army Review Boards Agency (ARBA), Support Division, St. Louis, administratively correct the records of the individual concerned to show that he was awarded the Bravery Gold Medal of Greece by DAGO 2, dated 1956.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___JNS__ __WDP__ ___LEM_ DENY APPLICATION



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




INDEX

CASE ID AR2002084156
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030619DD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0015.0000
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2013 | 20130009801

    Original file (20130009801.txt) Auto-classification: Approved

    The applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart. Therefore, it would be appropriate to award the FSM the Purple Heart at this time and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the...

  • ARMY | BCMR | CY2002 | 2002078034C070215

    Original file (2002078034C070215.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. The applicant's records show that he is also entitled to award of the Good Conduct Medal for the period 28 August 1950 to 31 August 1952, the National Defense Service Medal, the Expert Marksmanship Badge (Carbine), and the Bravery Gold Medal of Greece. That all of the Department...

  • ARMY | BCMR | CY2003 | 2003088191C070212

    Original file (2003088191C070212.doc) Auto-classification: Approved

    Counsel requests correction of the applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart, along with other decorations. 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. Evidence of record shows that the applicant is eligible for award of the United Nations...

  • ARMY | BCMR | CY2002 | 2002080848C070215

    Original file (2002080848C070215.rtf) Auto-classification: Approved

    Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. c. Award of the Korean Service Medal. That all of the Department of the Army records related to this case be corrected by issuing to the...

  • ARMY | BCMR | CY2009 | 20090004230

    Original file (20090004230.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant states that the Purple Heart is not listed on his military discharge even though his medical records show he was wounded by the enemy in combat. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received as a result of enemy action on 25 October 1951; b. adding to...

  • ARMY | BCMR | CY2003 | 2003086027C070212

    Original file (2003086027C070212.rtf) 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, the Combat Infantryman Badge and the Good Conduct Medal. 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. Therefore, the applicant's DD Form 214 should be corrected to show...

  • ARMY | BCMR | CY2008 | 20080016692

    Original file (20080016692.txt) Auto-classification: Approved

    The evidence of record clearly shows that the FSM was wounded in action on 3 December 1950, but his DD Form 214 does not show that he was awarded the Purple Heart. Based on the FSM's award of the Korean Service Medal, he is entitled to correction of his military records to show the award of the United Nations Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds...

  • ARMY | BCMR | CY2002 | 2002071840C070403

    Original file (2002071840C070403.rtf) Auto-classification: Approved

    The applicant’s DD Form 214 shows that he entered on active duty on 16 March 1951, that he had 1 year, 5 months, and 8 days of foreign service, and that his most significant assignment was with Company I, 7 th Cavalry Regiment. Evidence of any such treatment for injuries to his foot or back would strengthen the applicant’s contention that he was wounded in action, in which case he could ask for reconsideration of his request for award of the Purple Heart.10. The National Defense Service...

  • ARMY | BCMR | CY2014 | 20140013590

    Original file (20140013590.txt) Auto-classification: Approved

    The applicant states: * he should have been awarded a Combat Infantryman Badge for his service in Korea * he served in combat as an infantryman in the 3rd Reconnaissance Company, 3rd Infantry Division * the POW Medal is misspelled on his DD Form 215 (Correction to DD Form 214) for the period ending 28 October 1953 3. Although there was no evidence of record available to the Board showing the applicant was treated for wounds received as a result of hostile action, the VA medical evidence,...

  • ARMY | BCMR | CY2008 | 20080005007

    Original file (20080005007.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show he was awarded two Purple Hearts. The applicant's DD Form 214 for the period ending 31 July 1986 shows he was awarded Army of Occupation Medal (Germany), the Army Commendation Medal, the Combat Infantryman Badge, the National Defense Service Medal 1st Oak Leaf Cluster, the Legion of Merit, the Purple Heart, and the Armed Forces Reserve Medal. Therefore, the Board requests that the CMSD-St. Louis administratively correct the...