| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Thomas Baxter | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart for injuries that he received while he was in Korea and that his injuries be made a matter of official record.
APPLICANT STATES: That he has proven to the Veterans Affairs office that he has service connected injuries and that his injuries should be included in his official military record.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.
After he completed 1 year, 6 months and 6 days of total active service, he reenlisted in the Army on 29 September 1950.
A review of the available medical records shows that the applicant, while in Korea, was seen by physicians on 16 October, 25 October and 9 November 1950 for flatfeet, which was incurred in the line of duty. The medical records also show that on 7 July 1951 he sustained abrasions to his right shoulder and contusions to his chest and both shoulders after a prime mover that he was in overturned. These injuries were also determined to have been incurred in the line of duty.
He was honorably released from active duty on 4 October 1951. The Report of Separation (DD Form 214) that he was furnished at the time of his separation shows that he received no wounds as a result of hostile action with enemy forces.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound/injury was the result of hostile action, the wound/injury must have required treatment by a medical officer, 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. 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.
2. The Board has noted the applicant’s contentions. However, it appears that his medical records currently reflect the injuries that he received while he was in the Army. The applicant has submitted no evidence to show that the information contained in his records is incorrect.
3. Additionally, there is no evidence of record nor has the applicant submitted any evidence to show that he was wounded or injured as a result of hostile action with enemy forces. In the absence of evidence to the contrary, it must be presumed that what the Army did in his case is correct.
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
____tb___ ___jm___ __jh ____ DENY APPLICATION
| CASE ID | AR2001056083 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/08/16 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 46 | 107.0000 |
| 2. 61 | 107.0015 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2008 | 20080008650
IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20080008650 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 29 (Wounds Received as a Result of Action with Enemy Forces), of the applicants DD Form 214, shows he received a gunshot wound to the left leg in Wonju, Korea, on 12 February 1951. He stated that his disabilities were the result of wounds received while in combat with the enemy in Korea.
ARMY | BCMR | CY1996 | 9605732C070209
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. 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.
ARMY | BCMR | CY2006 | 20060014210
The applicant provides service medical records; service personnel records; and records pertaining to his Physical Evaluation Board. 8009th Army Unit General Orders Number 75, dated 16 February 1951, show the applicant received the Purple Heart for wounds received in action on 12 February 1951 in Korea. The applicant served a period of qualifying service for award of the National Defense Service Medal and the ROK-KWSM.
ARMY | BCMR | CY2001 | 2001059334C070421
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. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by awarding the individual concerned...
ARMY | BCMR | CY2013 | 20130008167
However, the transcript of the Physical Evaluation Board (PEB) held on 13 March 1952 shows the record was corrected to show "Line of Duty - Yes" based on a report dated 12 March 1951. They have filed an appeal with the Executive Director, Arlington National Cemetery, based on errors in the FSM's record, but they would like to have the FSM's records corrected to show he was entitled to the Purple Heart. His record is void of documentation showing he was awarded the Purple Heart.
ARMY | BCMR | CY2008 | 20080014119
The applicant's military records are not available for review. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 8 February 1951 and correction of his records to show this award. _______ _ _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.
ARMY | BCMR | CY2011 | 20110015585
The applicant's DD Form 214 shows he was released from active duty on 15 October 1951 with 4 years and 18 days of creditable service and provides the following at: a. item 28, foreign service for a period of 2 years, 10 months and 17 days; b. item 29, award of the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, and the Purple Heart; and c. item 30, he received a bullet wound to the left knee on 28 November 1950 at Chinju Reservoir, Korea. In 1988 the National Research...
ARMY | BCMR | CY2012 | 20120003100
The applicant provides copies of: * his DD Form 214 (Report of Separation from the Armed Forces of the United States) * two WD AGO Forms 8-24 (Hospital Medical Forms) * Radiographic Report * letter from Atlanta Neurology CONSIDERATION OF EVIDENCE: 1. The vascular damage is most likely due to a prior head injury established as related to military service. Although there are medical records indicating he was hospitalized in Korea and evacuated to Japan, there is no evidence of record and he...
ARMY | BCMR | CY2009 | 20090005062
He also requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show in item 4 (Component and Branch or Class) that he served in the Infantry; in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that his unit was awarded three Presidential Unit Citations; in item 28 (Most Significant Duty Assignment) that his most significant unit was the 1st Airborne Ranger Company; in item 29...
ARMY | BCMR | CY2014 | 20140008272
The FSM's military records are not available for review. Therefore, he is authorized award of the Prisoner of War Medal and his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. posthumously awarding the FSM the Purple Heart for wounds received in action in South Korea between 3 November 1951 and 18 August 1953, b. posthumously awarding the FSM the Army Good Conduct...