2. The applicant requests correction of his military records to reflect that he was awarded the Purple Heart for injuries suffered in Korea.
3. He states that he was injured when his unit was overrun by the enemy. He was taken prisoner at that time and held for 27 months. In support of his request he provides two letter from former members of his platoon attesting to the fact that he was injured in combat.
4. His military records show that he was inducted on 25 September 1950. After training as an infantryman, he was assigned to Korea where on 18 May 1951, he was taken prisoner by communist forces and held until his repatriation on 28 August 1953. He was honorably discharged on 24 October 1953.
5. His awards include the Prisoner of War Medal, the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, and the Combat Infantryman Badge.
6. The applicants medical records reflect that he was suffering from a variety of injuries and ailments at the time of his repatriation. The record does not show any treatment for combat related injuries prior to his being taken captive. However, the letters from the former member of his unit, one of whom was a medic, attest to his being injured as a result of enemy action prior to his being captured.
7. Army Regulation 600-8-22 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 by a medical officer, and the medical treatment must have been made a matter of official record.
CONCLUSIONS:
1. While the applicants contention that he was wounded in combat with the enemy does not meet the strict interpretation of the regulation, under the circumstances there is no way his injury could have been recorded or treated by medical personnel since capture immediately followed his wounding.
2. In consideration of the foregoing, and in view of the eyewitness statements in support of his request, it is reasonable to presume that he did sustain injuries as a result of enemy action with the enemy.
3. Therefore, the applicants records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for injuries sustained on 18 May 1951 as a result of enemy action in Korea.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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