RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060011627 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Mr. Thomas M. Ray

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. James R. Hastie

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, in effect, reconsideration of award of the Purple Heart for wounds he received in Korea in June 1951.  He also requests, in effect, two additional awards of the Purple Heart for a wound he received in September 1951 and for frostbite in January 1952.

2.  The applicant states, in effect, that he sustained shrapnel wounds to the first three fingers of his right hand while serving in Korea in June 1951.  He also states, in effect, the medic assigned to the Medical Company, 160th Infantry Regiment, dressed the wounds and indicated to the applicant he wound put him in for the Purple Heart.  The applicant further states, in effect, that he received shrapnel to the left side of his lower back in September 1951 and also sustained frostbite of his right foot in January 1952.

3.  The applicant provides two "buddy" statements, dated 28 December 2002 and 27 February 2004.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2003086530, on
5 August 2003.

2.  The applicant subsequently provided a self-authored statement, dated
5 November 2003, that was filed without action and without prejudice, but is now also incorporated herein by reference.

3.  The applicant’s military service records show that he was inducted into the Army on 17 November 1950.  He was trained in, awarded, and served in specialty number 4745 (Rifleman).  The applicant served continuously on active duty until being honorably released from active duty on 18 August 1952.  

4.  The applicant’s DD Form 230 (Service Record), Section 8 (Wounds Received Through Enemy Action) is blank (i.e., it contains no entry indicating that he was wounded in action while serving on active duty).  Section 9 (Medals, Decorations, and Citations) does not show an entry for the Purple Heart.  The applicant’s Official Military Personnel File (OMPF) is void of any official orders or other documents that would suggest that he was ever recommended for, or awarded, the Purple Heart.  In addition, the applicant's name is not listed on the Korean War Casualty Roster.
5.  The applicant’s military service records contain a Standard Form (SF) 539 (Clinical Record), dated 22 May 1952.  This document shows in the "Patient History, Chief Complaint, and Condition of Admission" section, in pertinent part, that the applicant "[w]as hit in back in Korea by base plate on mortar - when he was carrying it up a hill."

6.  The applicant’s military service records contain an SF 89 (Report of Medical History), dated 18 August 1952, completed by the applicant and physician at the time of the applicant's release from active duty.  This document is absent any entry or information indicating that the applicant was wounded in action or that he sustained frostbite during the period of his active duty service. 

7.  The applicant’s military service records contain a DD Form 214 (Report of Separation from the Armed Forces of the United States), with an effective date of 18 August 1952.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214 contains the entry “NONE”, which indicates that he was never wounded or injured in action.  In addition, the applicant authenticated his separation document with his signature in Item 48 (Signature of Person Being Separated), which indicates that he verified that the information shown on the
DD Form 214 was correct at the time it was prepared and issued.  

8.  In support of his application, the applicant provides two "buddy" statements from former Soldiers who state that they were on a hill called "Victor" when the applicant received a shrapnel wound to the first three fingers of his right hand in June 1951 in Korea.  The statement, dated 28 December 2002, was previously considered during the review of the applicant's original request.  The statement, dated 27 February 2004, is similar to the statement dated 28 December 2002 and essentially offers the same information, but from another former Soldier.

9.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.  The Army regulation further states that substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.  However, after 23 August 1951, award of the Purple Heart based upon severe frostbite was no longer authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Purple Heart for wounds he received in Korea in June 1951 and September 1951.  He also contends, in effect, he is entitled to award of the Purple Heart for frostbite that he sustained in January 1952.

2.  The applicant's military service records do no contain any documentary evidence to show that he was awarded the Purple Heart for a wound sustained as a result of hostile action, nor is there evidence to show that medical treatment for such a wound was made a matter of official record.  In fact, the clinical record and separation medical examination contained in the applicant's OMPF, both of which were completed subsequent to the three dates the applicant contends he was wounded and/or injured in Korea, fail to support the applicant's contentions.

3.  Notwithstanding the two "buddy" statements, the applicant fails to provide sufficient documentary evidence to show that he sustained a wound to three fingers of his right hand in June 1951, which was the result of hostile action (emphasis added).  In addition, there is no evidence of record to show that medical treatment for such a wound was made a matter of official record.  Therefore, the applicant is not entitled to award of the Purple Heart for this injury.

4.  There is no evidence or record, and the applicant fails to provide sufficient documentary evidence, to show that he sustained a wound to the left side of his lower back in September 1951, which was the result of hostile action (emphasis added).  In fact, the evidence of record shows that that applicant sustained an injury to his back when he was hit by the base plate of a mortar when he was carrying it up a hill.  Therefore, the applicant is not entitled to award of the Purple Heart for this injury.

5.  There is no evidence or record, and the applicant fails to provide sufficient documentary evidence, to show that he sustained an injury (i.e., severe frostbite of the right foot in January 1952) while engaged in combat, which required treatment, and the medical treatment was made a matter of official record.  Moreover, the evidence of record shows that after 23 August 1951, award of the Purple Heart based upon severe frostbite was no longer authorized.  Therefore, the applicant is not entitled to award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___TMR _  ___JCR__  ___JRH_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of the ABCMR set forth in Docket Number AR2003086530, dated 5 August 2003.




     __Thomas M. Ray____
          CHAIRPERSON




INDEX

CASE ID
AR200600141627
SUFFIX

RECON
2007/03/01
DATE BOARDED
20030805
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19520818
DISCHARGE AUTHORITY
SR 615-363-5
DISCHARGE REASON
PETS
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.