RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 September 2007
	DOCKET NUMBER:  AR20070006069 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. Thomas A. Pagant

Chairperson

Mr. Eric N. Anderson

Member

Mr. Paul M. Smith

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 reconsideration for the award of the Purple Heart.

2.  The applicant states, in effect, that he is submitting a few pieces of evidence that may help prove his case concerning the situation that existed in Korea in September 1950.  He states, in effect, that the situation where he was hit in the back by shrapnel from a mortar round during a firefight is described in the article he provided that is written by an Army historian.  He also states that the morning report that he submitted shows that he was promoted to a rank he already held and he was being placed in a hospital which was not true.

3.  He states, in effect, because of the confusion and disorder of that time and the fact that they were nearly overran by the North Koreans, is probably why he slipped through the cracks and was not written up by his superiors.

4.  The applicant expresses his dissatisfaction with the Board’s original decision.  He believes that the fact that he has medical records to show that he has shrapnel in his back should be sufficient to warrant the award of the Purple Heart.  He states that there is no other way he could have received shrapnel wounds other than from hostile artillery fire during the Korean War.

5.  The applicant provides an article titled the United States Army in the Korean War (South to the Naktong, North to the Yalu), a morning report dated 16 September 1950, and the Diagnostic Imaging Report, dated 16 June 2003 with an Addendum typed at the end of the report.

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 AR20060000234, on 17 August 2006.

2.  In the original decision the ABCMR found that there were no medical records available which show that the applicant was wounded or treated for wounds as a result of hostile action during his service in Korea.  The Diagnostic Imaging Report from Sutter Roseville Medical Center, dated 16 June 2003, with two chest x-rays show a metallic fragment located in his right chest wall.

3.  The applicant provided new evidence which requires that his case be reconsidered by the ABCMR.

4.  The article from the United States Army in the Korean War (South to the Naktong, North to the Yalu) merely described how essential facts of certain events can be omitted from military official records as a result of inadequate information from the battle field.  This article made no reference to the applicant's claim that he was hit in the back by shrapnel from a mortar round during a firefight in Korea in September 1950.

5.  The morning report that the applicant submitted shows that his duty status was changed from duty to absent sick in hospital "NBC," line of duty yes, on  
22 September 1950.

6.  The Diagnostic Imaging Report with the Addendum states that "The  
5 millimeter metallic fragment within soft tissue of the right lateral chest wall on further review is consistent with shrapnel presumably related to old wound."  

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the award of Purple Heart.

2.  The new evidence that the applicant submitted is insufficient to substantiate his claim for the award of the Purple Heart.  The article does not provide any evidence to prove that the applicant was wounded and treated for his wound as a result of hostile action during his service in Korea.

3.  The morning report submitted by the applicant shows that his duty status was changed from duty to absent sick in hospital on 22 September 1950.  It does not say he was hospitalized due to a wound.  Also, the applicant stated that the morning report does not contain accurate information.

4.  The location of the 5 millimeter metallic fragment located in the right lateral chest wall is not consistent with the location of where the applicant claims he was wounded (hit in the back).

5.  There is no evidence of the applicant ever being hit in the back by shrapnel from a mortar round and that he was treated for such wound by a medical officer. 
6.  The applicant could have received shrapnel wounds long after his release from active duty by a number of things.  Therefore, he is not entitled to corrections of his records to show the award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___tap___  ___ena__  ____pms  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 AR20060000234, dated 17 August 2006.
 




________Thomas A. Pagant________
          CHAIRPERSON




INDEX

CASE ID
AR20070006063
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070913
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.