RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 March 2005
      DOCKET NUMBER:  AR20040000611


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Paul Wright                   |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Margaret K. Patterson         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded the Purple Heart.

2.  The applicant states that after 10 months in Korea, he developed
varicose veins.  He was evacuated for a wound in the left calf of leg (not
varicose veins).  The veins had to be stripped for the entire leg to treat
the wound.  He was in full combat when the injury happened.  He was
evacuated to the rear with lots of other soldiers.  Then they were
evacuated to Japan.  Additionally, he adds the injury occurred 31 August
1951.

3.  The applicant provides a letter from his grandson to his Senator
requesting that he be awarded the Purple Heart, a sheet containing facts of
his Korean War Service, a newspaper article, a telegram to his mother
regarding his leg, various medical records regarding his medical treatment,
a copy of his DD Form 214 (Report of Separation from the Armed Forces of
the United States) effective
18 March 1954, a copy of his DD Form 214 effective 31 July 1972, a copy of
his Power of Attorney, and a congressional inquiry dated 26 February 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, they
could possibly be combined with his later service records with the United
States Air Force.  His Air Force record was not requested for this review.
This case is being considered using records, supplied by the applicant.

2.  The applicant enlisted in the Regular Army on 1 May 1950 for a period
of
3 years, which was later extended to 4 years.  He was honorably discharged
on
18 March 1954.  His DD Form 214 shows he was awarded Korean Service Medal
with 4 bronze campaign stars, the National Defense Service Medal, the
United Nations Service Medal, the Combat Infantryman Badge, Republic of
Korea Presidential Unit Citation, the Army of Occupation Medal (Germany),
and the Good Conduct Medal.

3.  The Korean Casualty File does not list the applicant's name as having
been wounded as a result of hostile fire.  Item 39 (Wounds Received as a
Result of Action with Enemy Forces) of his DD Form 214 has the entry
"None".  There are no orders awarding the applicant the Purple Heart.

4.  The applicant's varicose vein problem is well documented in his medical
records.  The records show that he was admitted to the 141st General
Hospital on 3 September 1951.  They show that he underwent a phlebectomy on
his left leg on 12 September 1951.  The Operation Report (SF 510), dated
12 September 1951, describes in great detail the surgery performed and the
condition of the left leg.  Only one document, a Physical Profile completed
on
16 November 1951 at the U.S. Army Hospital, Fort Knox, Kentucky makes any
mention of a "wound".

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart (PH) is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that:
(1) the wound was the result of hostile action; (2) the wound required
medical treatment; and (3) the medical treatment was made a matter of
official record.

6.  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.

7.  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 AND CONCLUSIONS:

1.  The documents supplied by the applicant do not adequately support his
claim for the Purple Heart.  Only one medical document mentions a wound and
that document was prepared a month after the fact and half a world away.
There is nothing in any other hospital documents regarding the wound.  The
weight of medical evidence does not support award of the Purple Heart.

2.  The Korean Casualty File does not list the applicant as having been
wounded as a result of hostile fire.  There are no orders for the Purple
Heart.  The applicant authenticated his DD Form 214 by his signature that
it was correct in not listing the Purple Heart as an award and the entry
"None" in wounds received.

3.  The applicant will be given an application packet for use should he
desire to apply for the Korean War Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fe____  __mkp___  __cak___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                        Fred Eichorn
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000611                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050303                                |
|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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