RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 AUGUST 2005
      DOCKET NUMBER:  AR20050001816


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard Hassell               |     |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 award of the Purple Heart.

2.  The applicant states he sustained a shrapnel wound to his chest in May
1952 during the Korean War.  He notes the injury was not documented in his
service medical records but was told while he was in the service that there
was nothing wrong with him.  He states nearly 50 years later a small metal
shrapnel fragment was discovered in his chest by an x-ray.  He states even
the Department of Veterans Affairs recognized the injury as a combat injury
and awarded him a 10 percent disability rating.

3.  The applicant provides a copy of his Department of Veterans Affairs
rating, the results of a 2003 x-ray and examination, a statement from his
spouse, and a 1952 letter thanking him for his service to the country.

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, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

2.  The applicant's separation document indicates he entered active duty on

2 November 1950 and served overseas for approximately 16 months where he
was awarded, among other things, the Korean Service Medal and the Combat
Infantryman Badge.  He was honorably discharged on 14 August 1952.

3.  Item 29 (wounds received as a result of action with enemy forces)
reflects "NONE."  The applicant authenticated the accuracy of the
information on his separation document by his signature.

4.  There were no service medical records available to the Board or
provided by the applicant.

5.  According to documents provided by the applicant, in 2000 he was
granted a 10 percent disability rating by the Department of Veterans
Affairs for a shrapnel wound to his right chest.  In their rating decision
the Department of Veterans Affairs noted the applicant's shrapnel wound to
his right chest had been established as related to military service and the
claim was well grounded.  It also noted, however, that the applicant's
service medical records were incomplete but a military separation
examination made no comment regarding a shrapnel wound or residuals of a
shrapnel wound.

6.  The 2003 x-ray report and examination noted a small metallic body in
the right base, representing a piece of shrapnel fragment and noted the
applicant reported he thought he was just grazed but later found out a
piece of metal had stuck in his chest.  He indicated he was never seen at a
military medical unit, but cleaned the wound with soap and water and
applied pressure.  He noted the wound healed, although he has had
intermittent pain over the area of the wound.

7.  The 2003 statement by his spouse makes no mention of any combat wounds.

8.  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.

9.  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 Department of the Air Force has
authorized the Korean War Service Medal, the applicant may apply to the
Army Board for Correction of Military Records to add this foreign award to
his separation document.






DISCUSSION AND CONCLUSIONS:

1.  Although there are no service medical records which confirm the
applicant was wounded as a result of hostile action during the Korean War,
the fact he admits he treated the injury himself and that it did not
require treatment by a medical officer would indicate such an injury would
not meet the eligibility requirements for award of the Purple Heart.

2.  The fact that he is currently receiving disability compensation from
the Department of Veterans Affairs for a retained metallic fragment, which
they determined was the result of his military service is not sufficient
evidence to conclude that the fragment resulted from hostile action, nor
does it serve as a basis to award the applicant the Purple Heart.

3.  In order to justify correction of a military record the applicant must
show, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___PS___  __YM  __  ___LH___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.



                                  _______Paul Smith_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001816                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050830                                |
|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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