MEMORANDUM OF CONSIDERATION


         IN THE CASE OF
        

         BOARD DATE: 5 August 2003
         DOCKET NUMBER: AR2003086530

         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Ronald J. Weaver		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)

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APPLICANT REQUESTS: In effect, that his military records be corrected to show he was awarded the Purple Heart (PH).

APPLICANT STATES: In effect, that he was wounded in combat and believes he deserves the PH for the shrapnel wounds he sustained. In support of his application, he submits a letter of support and a picture.

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

The applicant’s military records show that he was inducted into the Army on
17 November 1950. He was trained in, awarded, and served in specialty number 4745 (Rifleman). He continuously served on active duty until being honorably separated on 18 August 1952.

The applicant’s Service Record (DD Form 230) shows that the highest rank he attained while serving on active duty was corporal. Section 8 (Wounds Received Through Enemy Action) is blank, and contains no entry indicating that he was ever wounded in action while serving on active duty. Section 9 (Awards and Decorations) shows that during his tenure on active duty he earned the following awards: Combat Infantryman Badge; Korean Service Medal with 3 bronze service stars; United Nations Service Medal; and Army of Occupation Medal (Japan).

The applicant’s Military Personnel Records Jacket (MPRJ) is void of any official orders or other documents that would suggest that he was ever recommended for or awarded the PH. In addition, the applicant’s separation physical examination, dated 18 August 1952, contains no entries or information that indicate he was ever injured or wounded in action during his tenure on active duty.

Item 29 (Wounds Received as a Result of Enemy Action) of the applicant’s separation document (DD Form 214) contains the entry “NONE”, which indicates that he was never wounded or injured in action. The applicant authenticated this separation document with his signature in Item 48 (Signature of Person Being Separated), which indicates that he verified that the information contained in the DD Form 214 was correct at the time it was prepared and issued.

During the review of this case, a member of the Board staff reviewed the unit historical files of the applicant’s unit that are maintained at the National Archives to determine if the applicant’s contentions could be supported by the unit records. The unit historical files failed to provide any indication that the applicant was ever wounded or injured in action while serving in Korea, or that he was ever recommended for or awarded the Purple Heart.

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The third party statement provided by the applicant is from an individual who claims that he was present on hill “Victor” in Korea when the applicant received a shrapnel wound to the first three fingers on his right hand in June 1951. The applicant also provides a picture showing him holding a rifle, which he claims was taken in Korea.

Army Regulation 600-8-22 prescribes the policy for the Army awards program. Paragraph 2-8 contains the policy for awarding the PH, and it states, in pertinent part, that the PH 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 50^th 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.

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 notes the applicant’s contention that he is entitled to receive the PH for wounds he received in action while serving in the Korea. However, it finds insufficient evidence to support this claim. By regulation, the PH is authorized for personnel who are wounded or injured as a result of hostile action. In order to support awarding the PH, there must be evidence to show that the wound or injury for which the award was being made was treated by military medical personnel, and this treatment must have been made a matter of official record.

2. The evidence of record gives no indication that the applicant ever sustained or was treated for a wound or injury he received in Korea as a result of enemy action, or that he was ever recommended for or awarded the PH. Further, both the unit historical files of the applicant’s unit that are maintained at the National Archives, and his separation physical examination make no reference to his ever being wounded or injured in action while serving in Korea.

3. The Board carefully considered the information provided in the third party
statement provided by the applicant. However, given the lack of any
corroborating evidence of record, the Board finds this statement and the picture
provided by the applicant are not sufficient to satisfy the regulatory burden of proof necessary to support the award of the PH.
4. The Board thanks and congratulates the applicant for his outstanding combat
service in Korea. Further, it wishes to clarify that the veracity of his contention is
not in question. The Board’s determination is based solely on the lack of
sufficient evidence to support his claim of entitlement to the PH, in the interest of
all those who served in Korea and who faced similar circumstances.

5. The applicant is advised that 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 from 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.

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

__LS__ _RJW___ __CLG__ DENY APPLICATION

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

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INDEX

CASE ID	AR20030865530
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2.
3.
4.
5.
6.