RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060009916 


	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

Ms. Anita McKim-Spilker

Analyst

The following members, a quorum, were present:


Mr. Mark D. Manning

Chairperson

Mr. John T. Meixell

Member

Mr. Qawiy A. Sabree

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The former service member (FSM) initially submitted an application on 6 July 2006 requesting award of the Purple Heart for wounds received in the Republic of Korea.  He stated that he was in a convoy when they were hit with artillery.  An artillery round went off near his truck and he was blown from the truck receiving injuries to his abdominal area.  He was transported to a hospital in Pusan, Korea and was there for approximately three months.   

3.  On 17 August 2006, the FSM died.  His spouse submitted a second application on 10 October 2006 indicating that her husband, FSM, was wounded in the stomach while serving in Korea.  She believed the injury occurred in 1953. 

4.  The applicant provides a copy of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) and a copy of the FSM's death certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 23 May 1954, the date of the FSM’s release from active duty.  The application submitted in this case is dated 10 October 2006.

2.  The FSM’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.  

3.  The FSM's record does contain a properly constituted DD Form 214.  This form shows he was inducted into the Army of the United States on 5 August 1952 and served as an engineer equipment mechanic.  He was honorably released from active duty on 23 May 1953 and transferred to the Enlisted Reserve Corps.

4.  The FSM received the Korean Service Medal with 2 bronze service stars, the United Nations Service Medal, and the National Defense Service Medal.  His dates of service in Korea are not available.

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows "NONE."  The FSM affirmed the accuracy of this document with his signature in Item 28.

6.  There are no medical records in the available military personnel file that show the FSM sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.  The FSM's name does not appear in the Korean Casualty File. 

7.  There are no general orders in the FSM’s records to show he was awarded the Purple Heart.  

8.  Information provided by the Department of the Army, Office of the Surgeon General (1950-1954) show that for the year 1953, the FSM was hospitalized on 22 September 1953 for approximately 53 days for an inguinal hernioplasty and a psychoneurotic anxiety reaction.  The FSM was also hospitalized for 6 days in December 1952 for streptococcic sore throat. 

9.  The FSM's DA Form 8-27 (Field Medical Card) shows the FSM was transferred from the 121st Evacuation Hospital to the Swedish Red Cross Hospital on 24 September 1953 and discharged to full duty on 14 November 1953.  He was treated for a common cold, anxiety reaction, and a hernioplasty that was performed on 22 October 1953.

10.  Doctor's Progress Notes for 24 September 1953 indicate the FSM was admitted to the Swedish Red Cross Hospital for observation of several different symptoms:  abdominal pain, pain when passing his urine, and nervousness.

11.  Army Regulation 600-8-22 (Military Awards) 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.  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.  

12.  Review of the FSM's records indicates entitlement to an additional award that is not shown on his DD Form 214.




13.  The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the 
ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  There are no general orders that show the FSM was awarded the Purple Heart.  The FSM's name does not appear on the Korean Casualty File. There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  His medical records show that he was hospitalized and treated for an anxiety reaction and sore throat, and that he underwent an inguinal hernioplasty.  There is no evidence that the FSM's surgery was related to an injury sustained in action against the enemy.

3.  The FSM's DD Form 214 does not show he was wounded in Korea and he affirmed the accuracy of the document with his signature. 

4.  In order to be awarded the Purple Heart, the applicant must show evidence that the FSM's alleged wounds or injuries were sustained as a result of hostile action or show that he was treated for wounds sustained as a result of hostile action.  Other than the FSM's statement that he was wounded in the abdominal area, there is no supporting evidence in his record to corroborate his contentions. Therefore, there is insufficient evidence upon which to grant the applicant's request.

5.  The Government of the Republic of Korea issued the ROK-KWSM to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The FSM had a qualifying period of service in Korea, and is entitled to award of this medal.


6.  Evidence shows that the FSM’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the FSM’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the 
BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__mdm___  __jtm___  __qas___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

2.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show award of the Purple Heart.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the ROK-KWSM. 



						Mark D. Manning
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060009916
SUFFIX

RECON

DATE BOARDED
20070222
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0141
3.

4.

5.

6.