RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 November 2005
      DOCKET NUMBER:  AR20050004284


      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. Michael J. Fowler             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 reconsideration of an earlier appeal for the
Purple Heart.

2.  The applicant states, in effect, that he is submitting four eyewitness
statements that state his injuries were sustained under enemy fire while in
combat.

3.  The applicant provides four eyewitness statements from former fellow
Soldiers.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004105347, on
9 December 2004.

2.  The applicant submitted four eyewitness statements from former fellow
Soldiers.  These statements are new evidence, which will be considered.
The statements show that the applicant helped a fellow Soldier whose
clothes were on fire by rolling him on the ground and assisting in putting
a fire out in a bunker which resulted in the applicant receiving burns to
his hand.

3.  The applicant's DD Form 214 (Report of Separation from the Armed Forces
of the United States) covers his service in Korea.  Item 27 (Decorations,
Medals, Badges, Commendations, Citations and Campaigns Ribbons or
Authorized) does not show award of the Purple Heart.  Item 29 (Wounds
Received as a Result of Action with Enemy Forces) contains the entry
"NONE."

4.  The applicant's records contain information from the Hospital Admission
Cards created by the Office of The Surgeon General of the Army.  This
record showed the applicant was hospitalized for a non-combat burn received
to the hand on 21 May 1952.  The admission card further showed that the
causative agent to the burn was "Accidents in connection with use of own
instrumentalities of war:  Explosion of other ammunition."

5.  There is no evidence in the applicant's service records that shows he
was wounded or treated for wounds as a result of hostile action in Korea.



6.  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, and the medical treatment must have been made a matter of
official record.  When contemplating an award of this decoration, the key
issue that commanders must take into consideration is the degree to which
the enemy caused the injury.  The fact that the proposed recipient was
participating in direct or indirect combat operations is a necessary
prerequisite, but is not sole justification for award.  This regulation
also provides that there is no statute of limitations on requests for award
of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence that shows
his injury was a result of hostile action.  The eyewitness statements
submitted by former fellow Soldier's confirm that the applicant gave aid to
a Soldier whose clothes caught fire and assisted in extinguishing a fire to
an ammo bunker.  However, the applicant's Hospital Admission Card clearly
shows his hand injury was not a result of hostile action.

2.  The applicant's commander at the time of the incident must have been
aware of the ammo bunker incident as well the severity of the applicant's
injury and medical treatment.  Apparently the commander did not find it
appropriate at that time to recommend the applicant for award of the Purple
Heart.

3.  In the absence of military records which show the applicant was injured
as a result of hostile action, there is an insufficient basis for award of
the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TAP_ _  _ ENA __  _  _ JRS _  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 to amend the decision of
the ABCMR set forth in Docket Number AR2004105347, on 9 December 2004.




                                  ____ Mr. Thomas A. Pagan ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004284                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |22 November 2005                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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