PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 December 2001
         DOCKET NUMBER: AR2001063934


         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.

Mr. Carl W. S. Chun		Director
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Mark D. Manning		Member
Ms. Regan K. Smith		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests correction of a 12 May 1953 medical document to show a “shrapnel injury” and award of the Purple Heart.

3. The applicant states, in effect, that he was wounded on 12 May 1953 in Korea. In support of his application, he submitted a VA Form 21-4138 (Statement in Support of Claim) and a copy of an unidentified medical record.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he entered active duty on 24 October 1951. Although available records do not show the exact dates of his service, his DD Form 214 (Report of Separation from the Armed Forces of the United States) shows overseas service in Korea for 7 months and 24 days. The applicant was honorably discharged and transferred to the Army Reserve effective 26 September 1953.

5. The applicant’s DD Form 214, which is authenticated in his own hand, does not show the Purple Heart as an authorized award in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6. The applicant’s DD Form 214 shows the entry “NONE” in item 29 (Wounds Received in Action).

7. The applicant provided a statement, dated 14 May 2001, wherein he asserts that he was wounded in a heavy mortar attack neat Tokkal-Li, North Korea. He states that he sustained a shrapnel wound to his right ankle and was carried to the aid station by a fellow soldier. The applicant further states that when he arrived at the “MASH” [mobile army surgical hospital] he was told that he was eligible for the Purple Heart, but told them to put something else in his medical records because he did not want a telegram sent to his wife stating that he had been wounded.

8. The applicant provided a copy of a medical record, dated 12 May 1953, which shows the entry: “Sprained R [right] ankle caused when EM [enlisted member] fell and turned”. This record shows that the injury was sustained near Tokkal-Li, North Korea.

9. The applicant’s service medical records do not show that he was wounded in action. The applicant’s service medical records contain the original copy of a WD AGO Form Number 8-26. The medical form provided by the applicant is a partial copy of this WD AGO Form 8-26 contained in his service medical records.

10. The original copy of the WD AGO Form 8-26 in the applicant’s service medical records contains the entry: “Sprained R [right] ankle caused when EM [enlisted member] fell and turned”. This record shows that the applicant was tagged at the Medical Detachment of the 158th Field Artillery Battalion of the 45th Infantry Division near Tokkal-Li, North Korea. This record further shows that the applicant was diagnosed and treated at the Clearing Company of the 120th Medical Battalion of the 45th Division for a “Sprained R [right] ankle. Finally, this WD AGO Form Number 8-26 does not show the applicant was a battle casualty and this form is authenticated by an Army Medical Officer.

11. The applicant’s service medical records contain his separation medical examination, dated 25 September 1953, which shows a scar on the left forearm. This scar is also shown on his induction physical examination, dated 24 October 1951.

12. The applicant’s separation medical examination, dated 25 September 1953, also shows the following entry under item 37 (Lower Extremities]: “Right ankle tender laterally dorsiflexion limited to 85 [degrees]. Plantar flexion limited to 105 [degrees] ankle mortise unstable. Claims pain on rapid walking.” Item 73 (Notes continued) on this separation medical examination shows the entry: “Sprain right ankle-May 1953. 46th MASH, Korea. 7 days.”

13. 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, and the medical treatment must have been made a matter of official record.

14. The Board noted that the applicant may be entitled to other decorations and awards in addition to award of the Korean Service Medal with 2 bronze service stars and the United Nations Service Medal shown on his DD form 214.

15. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995. This service medal is not shown on the applicant’s discharge document.

16. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean conflict. This document shows the unit, to which the applicant was assigned, the 160th Field Artillery Battalion of the 45th Division, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 10 December 1951 to 31 July 1953 by Department of the Army General Orders Number 30-54. This foreign unit award is not shown on the applicant’s discharge document.

CONCLUSIONS:

1. The Board considered the applicant’s statement that he was wounded by shrapnel in the right ankle on 12 May 1953 in North Korea, but requested that his wound be listed as something else so that his wife would not be notified of his wounding. However, the Board also noted that the applicant did not correct the nature of his injury after return to the United States or at the time of his separation medical examination.

2. The Board also reviewed the evidence of record including his DD Form 214, the medical record provided by the applicant, and his service medical records. His DD Form 214, which is authenticated in his own hand, shows that he was not wounded in action and that he was not awarded the Purple Heart. All of the pertinent service medical records show that the applicant sustained a sprained ankle and that he was not listed as a battle casualty.

3. Based on the foregoing, the Board determined that the preponderance of evidence shows that the applicant was not wounded as a result of hostile action. As a result; there is insufficient evidence on which to base award of the Purple Heart.

4. The applicant is entitled to award of the National Defense Service Medal based on his military service from 24 October 1951 through 26 September 1953. Therefore, he is entitled to correction of his records to show award of the National Defense Service Medal.

5. The applicant’s military service occurred from 24 October 1951 through 26 September 1953. Although the specific dates of the applicant’s 7 months and 24 days of service in Korea are not known, it is clear that a part of that service had to occur between 10 December 1951 to 31 July 1953, the period for which the unit he was assigned to in Korea was cited for award of the Republic of Korea Presidential Unit Citation. Therefore, the Board determined that the applicant is entitled to award of the Republic of Korea Presidential Unit Citation and correction of his records to show this foreign unit award.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the National Defense Service Medal and the Republic of Korea Presidential Unit Citation.


2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__MDM__ __RKS__ __SAC__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Mr. Samuel A. Crumpler__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001063934
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011213
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0015.0000
2.
3.
4.
5.
6.