APPLICANT REQUESTS: That his military records be corrected to show that he was awarded the Purple Heart.
APPLICANT STATES: That his injuries were not accidental but were sustained as a result of the enemy shelling the column he was in causing two trucks to collide resulting in his injuries. His injuries included a skull fracture and a shoulder injury which eventually led to his medical retirement with 60 percent disability.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 5 August 1948 and served 11 months and 29 days in Korea. He was honorably discharged with permanent disability retirement on 31 October 1952. His awards include the Army Occupation Medal (Japan), the Korean Service Medal, the Combat Infantryman Badge and the Parachutist Badge.
On 4 December 1950 the applicant was involved in a truck accident in Korea that resulted in him suffering a compound fracture of the skull. The available documentation shows that his injuries were incurred when the truck in which he was riding was side swiped by a tank retriever. His injuries led to his evacuation to Japan then the States and eventual medical retirement.
The casualty report of his injury dated 23 January 1951 does not indicate that his injuries were the result of combat action. Likewise, the proceedings of the physical evaluation board which considered his case for retirement purposes, shows that his injuries were not incurred in combat with an enemy of the United States.
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 by a medical officer, and the medical treatment must have been made a matter of official record.
Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the United Nations Service Medal is awarded for service between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. While the evidence of record shows that the applicant sustained an injury in Korea during the Korean War, it does not show that the injury was a result of hostile action.
2. After review of the pertinent medical reports, there is no evidence that he suffered a combat related injury that would qualify him for award of the Purple Heart.
3. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The applicants DD Form 214 does not show that he was awarded the United Nations Service Medal. Therefore, the Army Review Board Agency, Support Division, St. Louis, will be directed to administratively correct the applicants record by issuing to him the United Nations Service Medal.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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