RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         13 July 2006
      DOCKET NUMBER:  AR20050016343


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Robert J. Osborn              |     |Chairperson          |
|     |Mr. John M. Moeller               |     |Member               |
|     |Ms. Naomi Henderson               |     |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, in effect, reconsideration of his request to be
awarded the Purple Heart (PH).

2.  The applicant states, in effect, he received concussion injuries from
enemy generated explosions and did not receive the PH for these injuries.

3.  The applicant provides a Department of Veterans Affairs (VA) Rating
Decision and 2 Third-Party Statements in support of his reconsideration
request.

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
AR2003093584, on
6 May 2004.

2.  During its original review of the case, the Board found that there was
insufficient evidence to support the applicant's claim of entitlement to
the PH.  The applicant now provides two third-party statements from
deceased individuals who served with him in Korea as new evidence.

3.  The third-party statements provided by the applicant, which he
indicates were submitted by individuals who served with him Korea and who
are now deceased, indicate the applicant was in the immediate area of a
blast from an Artillery barrage that fell on their front line while they
were eating on Hill 347 in the Chorwon Valley Sector during the Korean War
in the early winter of 1952.  They also indicate the applicant suffered a
concussion, but did not go to sick call.

4.  The applicant's record is void of orders, or any other documents that
indicate he was ever recommended for, or awarded the PH, or that he was
ever treated for a combat related wound or injury.  The separation document
(DD Form 214) he was issued upon his separation from active duty on 1 May
1952, contains
the entry "None" in Item 29 (Wounds Received As A Result of Action With
Enemy Forces), and the PH is not included in the list of awards contained
in
Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized).  The applicant authenticated this document
with his signature on the date of his separation.

5.  During this review of the case, a member of the Board staff reviewed
the Department of the Army Korean War Casualty Roster.  The applicant's
name was not included on this list of Korea battle casualties.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to award of the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action, the
wound must have required medical treatment and the medical treatment must
have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH and the supporting
documents he submitted were carefully considered.  However, by regulation,
in order to support award of the PH there must be evidence confirming the
wound for which the award is being made was received as a result of enemy
action, the wound must have required medical treatment, and the medical
treatment must have been made a matter of official record.

2.  The evidence is void of any indication that the applicant ever received
a combat related wound or injury that required medical treatment.  By his
own admission, he was never treated for the injury in question.  Further,
his record is void of any indication that he was ever recommended for, or
awarded the PH by proper authority while he was serving on active duty, or
that he was ever wounded in action, or treated for a combat related wound
or injury during his active duty tenure.

3.  The applicant's separation document does not include the PH in the list
of authorized awards contained in Item 27, and Item 29 contains the entry
"None", which indicates he was never wounded in action.  The applicant
authenticated the DD Form 214 with his signature on the date of his
separation.  In effect, his signature was his verification that the
information contained on the separation document, to include the Item 27
and Item 29 entries, was correct at the time the DD Form 214 was prepared
and issued.

4.  The veracity of the applicant's claim of entitlement to the PH or of
the information contained in the third-party statements provided is not in
question.  However, absent any evidence of record confirming that the wound
in question required medical treatment, the regulatory burden of proof
necessary to support award of the PH has not been satisfied in this case.
As a result, it would not serve the interest of all those who served in
Korea and who faced similar circumstances to grant the requested relief at
this late date.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RJO _  __JMM __  __NH__    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 AR2003093584, dated 6 May 2004.




                                  _____Robert J. Osborn____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016343                           |
|SUFFIX                  |                                        |
|RECON                   |AR2003093584 / 2004/05/06               |
|DATE BOARDED            |2006/07/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1952/05/07                              |
|DISCHARGE AUTHORITY     |AR 615-360                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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