IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021828 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous request for award of the Purple Heart through his Member of Congress.

2.  As a new argument, the applicant states he was not evacuated or treated for his wounds when they occurred as there were others more seriously wounded.  By the time they finished evacuating the wounded, his head quit roaring and hurting so he did not go to the hospital.  In addition, he received hearing aids from the Department of Veterans Affairs in 2006.

3.  The applicant provided no additional evidence.

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 AR20090020384 on 3 June 2010.

2.  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 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.

3.  The applicant's reconstructed records show he was inducted into the Army of the United States on 13 November 1952.  The highest rank he held during his active service was corporal (CPL).

4.  On 12 November 1954, he was released from active duty in the rank of CPL and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  The DD Form 214 (Report of Separation from the Armed Forces of the United States) he was issued shows he completed 2 years of active service.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with one bronze service star, National Defense Service Medal, Combat Infantryman Badge, United Nations Service Medal, and Army Good Conduct Medal (1st Award).

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 contains the entry "None."

7.  His name is not listed in the Korean Casualty File.

8.  Army Regulation 600-8-22 (Military Awards) provides 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 by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for an award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.

2.  There is no evidence in his reconstructed records and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action.  In addition, he stated he was not evacuated or treated for his wounds when they occurred so there is no official record showing he received medical treatment.  Therefore, he does not meet the criteria for award of the Purple Heart in this case.

3.  Nevertheless, this action in no way diminishes the sacrifices he made in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090020384, dated 3 June 2010.



      _______ _ X _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100021828



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ABCMR Record of Proceedings (cont)                                         AR20100021828



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