RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 November 2007
	DOCKET NUMBER:  AR20070008513 


	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. Kenneth L. Wright

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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, that his records be corrected by removing the entry "None" from item 29 (Wounds Received As A Result of Action with Enemy Forces) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and by adding the entry "White Horse Ridge, Korea on 15 October 1952."  Also, he requests the award of the Purple Heart.

2.  The applicant states, in effect, he is submitting his medical records to prove that he was wounded in the left thigh on 15 October 1952 and that the wound occurred in the line of duty.  He states he has been fighting a mental battle ever since he was wounded in action.  He further states that the award of the Purple Heart will bring closure to his mental struggle and suffering. 

3.  The applicant provides a copy of his DD Form 214, a WD MD Form  
55A (Clinical Record Brief), and an article from the Military History Online website.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant'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 applicant'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 applicant's reconstructed military records show that he entered active duty as a member of the Army National Guard on 31 October 1949.  He completed the necessary training and was awarded the military occupational specialty (MOS) 4641 (Field Wireman).

4.  His DD Form 214 shows that his most significant duty assignment was with the 2nd Rocket Field Artillery Battery and that he served a tour in the Republic of Korea during the period 21 March to 17 November 1952.  He was honorably discharged from active duty on 13 December 1952 after serving 3 years and  
21 months of active service.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korea Service Medal with 1 bronze service star and the United Nations Service Medal.  However, it does not show the award of the Purple Heart.

6.  Item 29 of his DD Form 214 shows the entry "None."

7.  The WD MD Form 55A shows the entry "Final Diagnosis:  1.  (8255) Wound, missile, shell fragment, penetrates left thigh.  WIA (Wounded in Action) approximately 1330, 15 October 1952, at White Horse Ridge, North Korea, when patient picked increments of a lost mortar rounds."

8.  An AGO Form 0365 (Battle Casualty Report) dated 1 November 1952, shows that the applicant was wounded in action in Korea on 15 October 1952 sustaining a flesh wound of the left thigh by mortar fire.  However, a letter dated  
17 November 1952 states that a supplementary report was received stating that the applicant was not wounded in action on 15 October 1952 in Korea, but accidentally sustained shell fragment wounds of the left thigh as a result of an explosion when the applicant picked up a mortar projectile primer and attempted to disassemble it.

9.  The article from the Military History Online website provides historical information that pertains to a Hill called White Horse in the Korean War during the period 6 October to 15 October 1952.

10.  A review of the Republic of Korea Casualty Roster does not show the applicant's name listed among those wounded.

11.  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 military medical personnel, and the medical treatment must have been made a matter of official record.  This same regulation further states an example of injuries or wounds which clearly do not justify award of the purple heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.
12.  A review of the applicant's records indicates entitlement to additional awards that are not shown in item 27 of his DD Form 214.

13.  Army Regulation 600-8-22 provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

14.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  
a.  while on permanent assignment;
b.  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 
c.  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the entry "None" in item 29 of his DD Form  
214 should be removed and be replaced with "White Horse Ridge, Korea on  
15 October 1952."  Also, he requests the award of the Purple Heart.

2.  Evidence shows that the applicant accidentally sustained fragment wounds to his left thigh as a result of an explosion when he picked up a mortar projectile primer and attempted to disassemble it.  Regulatory guidance provides that injuries or wounds which clearly do not justify award of the Purple Heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.  Therefore, the applicant is not entitled to correction of his records to remove the entry "None" from item 29 of his DD Form 214 and he is not entitled to the Purple Heart.

3.  Evidence shows that the applicant is entitled to the NDSM for his honorable active service for the period 27 July 1950 to 13 December 1952.  Therefore, he is entitled to correction of his records to show the NDSM.

4.  Evidence shows that the applicant is entitled to the ROKWSM for his service in the Republic of Korea for the period 21 March to 17 November 1952.  Therefore, he is entitled to correction of his records to show the ROKWSM.

5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’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

___klw___  ____mjf_  ___lmd__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 or change Item 29 of his DD Form 214.

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 the NDSM and ROKWSM.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



__________Kenneth L. Wright_______
          CHAIRPERSON

INDEX

CASE ID
AR20070008513
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071106
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.