| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Roger W. Able | Chairperson | |
| Mr. Allen L. Raub | Member | |
| Ms. Gail J. Wire | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: In effect, that he was wounded in the line of duty while on the main line of resistance (MLR). In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); a Certificate of Line of Duty of Injury, dated 6 February 1953; and an undated clinical record.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant reenlisted on
19 April 1951, served in Korea and was honorably discharged on 20 April 1954.
The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214 states “None”.
There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action.
The applicant provided a Certificate of Line of Duty of Injury, dated 6 February 1953, wherein the company commander certified that the applicant sustained a gunshot wound to his left knee when a machine gun accidentally went off while changing a machine gun emplacement on the MLR on 17 January 1953. This injury was incurred in the line of duty and not due to the applicant’s own misconduct. The applicant also provided an undated clinical record which shows the applicant was accidentally injured in the left knee when a machine gun discharged.
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, and the medical treatment must have been made a matter of official record.
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. Evidence of record shows the applicant was accidentally wounded on
17 February 1953 when a machine gun discharged and hit him in the left knee, not as a result of hostile action.
2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action during the Korean War. Therefore, he is not entitled to correction of his military records to show award of the Purple Heart.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
RWA____ ALR____ GJW_____ DENY APPLICATION
| CASE ID | AR2001052290 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 200103027 |
| TYPE OF DISCHARGE | (HD) |
| DATE OF DISCHARGE | 19540420 |
| DISCHARGE AUTHORITY | AR 615-360 |
| DISCHARGE REASON | Expiration term of service |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002080250C070215
The applicant states, in effect, that he was only 17 years old when he enlisted and that he was wounded twice but did not receive the Purple Heart. The Board notes that the second injury occurred at 0100 hours on 12 July 1951. That all of the Department of the Army records related to this case be corrected by: a. showing that the individual concerned is awarded the Purple Heart for wounds received on 12 July 1951; and,b.
ARMY | BCMR | CY2002 | 2002067978C070402
APPLICANT STATES : In effect, that he is aware that he was "accidentally" shot by another soldier but contends that he was wounded the day after an Army general was captured by enemy POWs (prisoner of wars). The fact that the applicant's injury was determined to have occurred in the line of duty is not evidence to support an award of the Purple Heart. There is no such evidence in the applicant's case.
ARMY | BCMR | CY2006 | 20060004234C070205
The applicant requests award of the Purple Heart for a wound he received in combat during the Korean War. The applicant’s military records are not available to the Board for review. Effective 1 January 2006, the U.S. Army was authorized to award the ROK-KWSM to eligible U.S. Army veterans or their next of kin.
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Evidence of record clearly shows that the applicant sustained wounds as a result of small arms ammunition; however, medical records show that the wound was accidentally self-sustained. As a result there is not basis to grant award of the Purple Heart in this case. Therefore, the applicant is entitled to award of the Republic of Korea-Korean War Service Medal and correction of his records to show this award.
ARMY | BCMR | CY2010 | 20100014818
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for an injury received during active duty in the Republic of Vietnam. A review of the SF 539, undated, provided by the applicant, reports that the applicant stuck a rod into his right hand and had since noticed increased pain and swelling. Despite the intense enemy barrage from a machine gun emplacement only 20 feet in front of him, he...
ARMY | BCMR | CY2005 | 20050000417C070206
The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his discharge, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Marksman Badge Rifle (M14) and Pistol (.45) Bars, and one Overseas Service Bar. There are no orders in the applicant’s service personnel...
ARMY | BCMR | CY2008 | 20080010796
He also states he was in a coma for 30 days in a hospital in Paris, France. By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by medical personnel, and the treatment record must have been made a matter of official record. Unfortunately, there is no evidence of record available which verifies the applicant was injured as a result of hostile action in Germany or France.
ARMY | BCMR | CY2003 | 2003089097C070403
The applicant states that he received the PH on 30 September 1967. The applicant's military records show he enlisted in the Regular Army on 27 September 1965 for a period of 3 years. Based on the evidence in this case, the applicant is entitled to correction of his records to show awards which were omitted through administrative error at the time the applicant was separated from active duty.
ARMY | BCMR | CY2015 | 20150000163
There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. In this case, the evidence of record shows the applicant was involved in an accidental discharge of a weapon by another Soldier and he later received treatment for this injury.
ARMY | BCMR | CY2003 | 2003088908C070403
The applicant requests reconsideration of his earlier request to the Army Board for Correction of Military Records (ABCMR) to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by changing his military occupational specialty (MOS) from truck driver to tank gun loader, and by awarding him the Purple Heart (PH). In regards to the latter, he requests that his medical records be corrected to show he received a shrapnel wound instead of a self-inflicted...