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.