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ARMY | BCMR | CY2002 | 2002084314C070215
Original file (2002084314C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 03 JUNE 2003
         DOCKET NUMBER: AR2003084314

         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. Gale J. Thomas Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Ms. Jennifer L. Prater Member
Mr. Paul M. 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)


APPLICANT REQUESTS: Award of the Purple Heart.

APPLICANT STATES: That he suffered a hip injury due to a grenade blast during the Korean War (Jan 1952) and never received a Purple Heart for his injury. In support of his request he submits a self-authored statement, two additional statements from fellow unit members, and copies of his Department of Veterans Affairs Disability Evaluation and Rating Sheet.

EVIDENCE OF RECORD: The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was provided by the applicant and reconstructed from alternative sources:

The applicant entered active duty on 10 January 1951 and served overseas for approximately 15 months where he was awarded, among others, the Korean Service Medal and the Combat Infantryman Badge.

According to the witness statement, submitted in support of his request, on 21 January 1952, the applicant and the author of the statement “were on an outpost” when they were “hit by a Chinese patrol.” In that action, according to the applicant and the author of the witness statement, the “was hit on the right hip. He was firing from a bunker when grenades landed in the bunker and exploded and hit him and blew him out of the bunker.” A second witness states that the applicant “was hit by Chinese grenades which bruised and burned one of his thighs.” He remembers, “bandaging this area several times as it became slightly infected.” Both witness statements reflect dates in 1953 and were likely used to support the applicant’s petition for disability compensation from the Department of Veterans Affairs.

The applicant was released from active duty in October 1952. His separation document, which he authenticated, does not reflect entitlement to the Purple Heart and item 29 (wounds received as a result of action with enemy forces) reflects “NA” (not applicable).

In April 1953, a Veterans Administration, Report of Medical Examination for Disability Evaluation diagnosed the applicant with healed burn scars “from concussion of hand grenade, on the lateral aspect of the right hip, no disability, and soft tissue swelling, proximal interphalangeal joint of the left little finger.”

In May 1953, the Veterans Administration found that service connection was granted for the applicant’s scars from burns on his right hip but that his condition was not considered sufficiently disabling to warrant the payment of compensation, and that there was no record of treatment for fracture of his little finger, therefore service connection for that condition was disallowed.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

Army Regulation 600-8-22 also provides, in pertinent part, for award of the National Defense Service Medal (NDSM) for honorable active service for any period between 27 June 1950 and 27 July 1954.

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 award to eligible United States veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to the veterans. 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 or their surviving next of kin. To apply, veterans must provide a copy of their discharge paper (Department of Defense 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 separation document.

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. There is no service medical evidence, and the applicant has not provided any, which confirms he was wounded as a result of hostile action during the Korean War. The statements submitted in support of the applicant’s request are not supported by information contained in any official military documents.

2. In the absence of more conclusive evidence, the Board concludes there is insufficient evidence on which to base an 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 that 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.

NOTE: Officials at the Army Review Boards Agency Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the National Defense Service Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___JHL _ __JLP___ ___PMS _ DENY APPLICATION




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




INDEX

CASE ID AR2003084314
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030603
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. 107.00
2.
3.
4.
5.
6.


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