MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 October 2002
         DOCKET NUMBER: AR2002077309

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Paul A. Petty		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. Richard T. Dunbar		Member
Ms. Margaret V. Thompson		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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

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APPLICANT REQUESTS: In effect, that his record be corrected to show that he was promoted to sergeant first class (SFC), pay grade E-6, in 1951, and that he be awarded a third Purple Heart for wounds received in Korea.

APPLICANT STATES: In effect, that he was wounded three times in Korea and should have a third Purple Heart and that since his orders issued in 1951 for his Bronze Oak Leaf Cluster for the Purple Heart and for the Korean Service Medal show him as a SFC, the records should show that he was a SFC in 1951 instead of a sergeant (SGT). He provides copies of the 1951 orders issued by the Osaka (Japan) Army Hospital where he was evacuated after being wounded in Korea on 17 April 1951. He also provides copies of:

1) Special Orders 116, issued by Camp Stoneman, California, on
26 April 1954, showing that he was assigned to government family quarters as a SGT.

2) Special Orders 143, issued by the U. S. Army Signal School Regiment, Fort Monmouth, New Jersey, on 24 July 1957, showing that he was promoted from SGT (Permanent), pay grade E-5, to SFC (Temporary), pay grade E-6, with a date of rank of 24 July 1957.

3) An AGPZ Form 44 (Extract of Special Orders – Physical Disability Retirement – Enlisted Personnel), Special Orders 166, paragraph 271, dated
23 August 1967, showing that the applicant was retired on 2 September 1967 as a SFC, pay grade E-7, with a 60 percent disability rating.

4) A Standard Form 88 (Report of Medical Examination) (front page), dated 2 August 1956, showing that as a SGT in 1954, he was operated on for acute glacours (glaucoma), right eye, at Letter (Letterman) General Hospital as evidenced by a scar noted on the right cornea at one o'clock.

5) A letter, dated 20 March 2002, from a civilian doctor from the Virginia Eye Institute stating that the applicant, "substained (sp) a traumatic injury to his right eye while in the military in November of 1950. This injury resulted in his having surgery in 1954."

         6) A Bethesda Naval Medical Center medical exam record, dated
15 March 2002, that states, "Korean War veteran status post (s/p) multiple combat shrapnel injury, one in Nov 1950 involved RUL (Right Upper Lobe – right upper torso). Pt (patient) experienced transient loss of vision OD (right eye).
Sx (symptoms) resolved spontaneously. In 1954, pt developed pain, redness and underwent surgery in San Francisco."



         7) A Veterans Administration (VA) Rating Decision, dated 17 January 1974, that states in pertinent part, "Service records show that in 1954, veteran sustained GSW's (gun shot wounds) which injured his right leg and right foot. … In 1954, it was discovered that the veteran had glaucoma and he underwent an operation for this condition." The decision shows that he received a VA combined disability rating of 80 percent for loss of 5 toes on the left foot, scars from burns on his left and right arms, injury to right foot and left leg, muscle defect in left thigh secondary to gun shot wound, glaucoma, hypertensive cardiovascular disease, and diabetes mellitus.

         8) A WD AGO Form 8-118 (Medical Board Proceedings), conducted at Fort Bragg, North Carolina, where the applicant was in the medical holding detachment, dated 22 October 1952, with cover letter and clinical abstract, showing that on 17 April 1951, at about 0740 hours, the applicant was injured by enemy mortar fire near the 38^th Parallel in Korea which resulted in wounds to his left thigh, left leg, right leg and right foot, and amputation of his 5 left foot toes due to frost bite; and stating a history of the applicant "receiving a flesh wound on the left hip and superficial abrasions of both arms in 1950 when struck by fragments of a shell in Korea." The medical board recommended that the soldier be retained on active duty. The cover letter shows that he was then reassigned to Fort Benning, Georgia.

         9) Three letters from the VA dated 16 January 1968, 22 January 1974, and 16 April 1997, showing that he had been granted respective VA combined disability ratings of 60, 80, and 90 percent.

         10) Documents on various civilian education from 1970 to 1997.

         11) A 30 August 1985 letter from the National Personnel Records Center (NPRC) in response to the applicant's request stating that they could not locate his records and that they may have been destroyed in a fire at the NPRC in 1973.

         12) A 15 July 2002 letter from the Army Board for Correction of Military Records denying reconsideration of the applicant's request to correct his records to promote him to the rank of first sergeant, pay grade E-8, or to chief warrant officer four (CW4).

EVIDENCE OF RECORD: The applicant's military records show:

His original records have not been found and may have been destroyed in a fire that occurred in 1973 in the records repository in the NPRC.



From a copy of the applicant's DA Form 20 (Enlisted Qualification Record), previously provided by the applicant, prepared on or about 16 January 1964, and audited last by the applicant in 1967 while on active duty, he was awarded the Purple Heart by General Orders 51 issued by the Osaka (Japan) Army Hospital (no date) and the Bronze Oak Leaf Cluster to the Purple Heart by General Orders 147 issued by the Osaka (Japan) Army Hospital (no date); he received wounds, burns to arms and face, on 8 August 1950; he was in Korea from
29 April 1948 through 4 May 1951; he was promoted to SGT (Permanent), pay grade E-5, on 31 July 1950 in the 24^th Infantry; he was first promoted to SFC (Temporary), pay grade E-6, on 24 July 1957 by the U. S. Army Signal School Regiment; and he was promoted to SFC (Temporary), pay grade E-7, on 20 June 1962, by the Headquarters, Support Command at "USAEPG."

A check of Surgeon General's Office (SGO) records for Korea show that the applicant was wounded on only two occasions, 8 August 1950 and 11 April 1951.

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. The applicant was awarded his first Purple Heart by Osaka Army Hospital General Orders 51 for a flesh wound on the left hip and superficial abrasions of both arms when struck by fragments of a shell on 8 August 1950, in Korea, that may have also resulted in burns to his arms and face on that occasion.

2. The applicant was awarded his second Purple Heart, termed a Bronze Oak Leaf Cluster to the Purple Heart, by Osaka Army Hospital General Orders 147, dated 20 April 1951, for wounds to his left thigh, left leg, right leg, and right foot caused by enemy mortar fire that occurred on 17 April 1951 at about 0740 hours near the 38^th Parallel, Honchon, Korea, which resulted in the amputation of the
5 toes of his left foot due to frost bite injury. The orders awarding this second Purple Heart, and consequently the SGO records, incorrectly state that the date of the wounding as 11 April 1951 instead of the correct date of 17 April 1951.

3. There is no evidence of a third wounding or qualification for a third Purple Heart. The VA rating decision document that states that the applicant was wounded in 1954 by gun shot wounds to his right leg and right foot is not supported by the facts. The date 1954 should read 1951 to be consistent with the facts that he was wounded in the right leg and right foot (and left leg and thigh) on 17 April 1951. In 1954, available records provided by the applicant indicated that he was assigned to Fort Benning and was not in a hostile fire location in 1954.



4. The Osaka Army Hospital General Orders 147, dated 20 April 1951, for award of the Bronze Oak Leaf Cluster to the Purple Heart and the General Orders 149, dated 21 April 1951, for award of the Korean Service Medal incorrectly list the applicant as a SFC. His DA Form 20 shows that the applicant was promoted to SGT on 31 July 1950. The medical board records on 22 October 1952, show that the applicant was a SGT. The orders assigning government quarters on
6 April 1954, show that the applicant was a SGT. The DA Form 20 and the copy of the promotion orders provided by the applicant show that he was promoted to SFC, pay grade E-6, on 24 July 1957. There is no basis to change his rank to SFC, pay grade E-6, prior to his promotion to that rank on 24 July 1957.

5. 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

__jl___ ___rd____ ___mt_____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002077309
SUFFIX
RECON
DATE BOARDED	20021017
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0015 – Purple Heart
2.	131 - Promotion
3.
4.
5.
6.