RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070010761 


	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.


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	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, the spouse of a former service member (FSM) requests, through her member of Congress (MOC), in effect, reconsideration of her request that the FSM be awarded the Purple Heart.

2.  The applicant contends that the evidence of record is sufficient to have her husband awarded the Purple Heart posthumously.

3.  The applicant who was assisted in the application process by her daughter states, in an attached Consent for Release of Information, that her husband, the FSM tried to obtain his Purple Heart and was denied in March of 2007.  She believes that the records indicating the injury to her husband were lost on the way to the MASH (Mobile Army Surgical Hospital) unit that treated him.  There is a living eyewitness that was there with her husband at the time of his injury.  This happened, she states, in the summer of 1951.  She adds that she is enclosing all of the paperwork that she wishes for the Board to consider, as well as a copy of the report from the military board.  She summarizes by stating that she found other material on line that suggests that the records keeping back in the 1950s was flawed.

4.  Because of the denial and the recent denial for their request for award of the Purple Heart, she feels the Board has not considered the eyewitness account of the incident to the fullest extent.

5.  In addition to those documents she submitted with her original application to the Board, the applicant provides a copy of two letters of support written by their daughter [dated 18 June 2007 and 16 June 2007, respectively]; two additional letters [letters dated 20 April 2007 and 27 September 2007, respectively] written by the eyewitness who prepared the letter, dated 10 December 2001.  [In its earlier deliberations, the Board reviewed the letter dated 10 December 2001.]  The applicant also provided nine pages of information relative to the appearance, the history, and the criteria for award of the Purple Heart, and other information pertinent to this award; a copy of a letter of appreciation, dated 10 January 1975; a copy of a letter of appreciation, with a first endorsement, dated 18 January 1964; a copy of a letter of commendation, with a first endorsement, dated 17 January 1963; a copy of a letter of commendation, dated 25 February 1959; a copy of a letter of appreciation, dated 17 January 1958; and a copy of what appears to be a hand-written medical document prepared at the time of the FSM's hospitalization, dated 30 July 1951.

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 AR20060012730 on 29 March 2007.

2.  Copies of all letters of appreciation/commendation submitted by the applicant are on file in the FSM's service personnel records.  None of these letters provide an indication about the applicant being wounded or injured as a result of hostile enemy activity.

3.  What appear to be the applicant's complete medical records, comprised of 253 documents, are on file in the FSM's service personnel records.  A review of these documents fails to contain any indication the applicant sustained an injury or a wound in Korea while he served there.

4.  The Korean War Casualty Roster was review for an indication the FSM was wounded in action while opposing the enemy.  The applicant's name is not shown on the Korean War Casualty Roster.

5.  In a letter written to the Board by the FSM's daughter, she states in effect, her father served his country with pride and honor for 27 years.  Their family was very disappointed that he was denied the Purple Heart.  He earned the Bronze Star Medal and wanted only what he deserved.  Sadly, her father passed away on 26 August 2005 at the Miami Veterans Hospital.

6.  The FSM's daughter continued her letter telling, in effect, how the FSM was encouraged to apply for award of the Purple Heart by an individual who describes himself as a friend and eyewitness to his being wounded.  This friend has provided statements in support of the FSM being awarded the Purple Heart.

7.  In her letter to the Board, the FSM's daughter also, in effect, provides language in her letter to the Board with the intention of convincing the Board that his medical records were lost while en route to the hospital to receive medical treatment on 30 September 1951 or that he was presented the Purple Heart in an unrecorded "bedside presentation" as was described in a document downloaded and printed from the internet.

8.  The evidence shows the FSM was hospitalized on about 30 August 1951 however, he was hospitalized after complaining of upper abdominal cramps, lower anterior thoracic chest pain, and a productive cough.

9.  The evidence shows the FSM was hospitalized in Korea on 24 April 1952 for observation of a possible fracture of his left little finger.  His finger was injured when a water trailer fell on his hand in the company area.

10.  On 16 June 2007, the FSM's daughter asked for her MOC to intervene in her behalf and assist her in having the Purple Heart awarded to her father posthumously.

11.  In her letter to the MOC, the FSM's daughter states that the eyewitness witnessed her father being wounded due to enemy action.  The FSM and the eyewitness were talking when two separate artillery rounds were fired by the Chinese Communist Forces.  They both took off running in opposite directions.  The first round hit close to her father – picking him up and flinging him through the air.  The eyewitness observed a medic giving aid to her father, the FSM.

12.  The FSM's daughter states that her father would never accept anything he did not earn or deserve.  She is appealing the Board's decision based on the eyewitness account and papers showing reference to the point her father should receive this honor.

13.  In a statement written by the eyewitness dated 10 December 2001, the eyewitness states they were just to the rear of the main line of resistance in a reserve position.  He and the FSM were outside the mess tent and were talking when two artillery rounds fired by the Chinese Communists Forces were fired into their area.  They heard the sound of the artillery rounds coming in to their area.  Both of them took off running in opposite directions in an effort to find safety.  The first artillery round struck the ground close to the FSM.  He looked back to see where the FSM was when the first artillery round struck.  The resulting explosion picked up the FSM, flung him through the air, but missed him [the eyewitness] completely.

14.  The eyewitness continues that after a pause and no further enemy action, he saw a medic from M Company run to the aid of the FSM who was lying on the ground.  The medic removed the FSM's helmet and placed a bandage on the nose or the area of the FSM's face.

15.  In a second letter written by the eyewitness to the FSM's daughter, the eyewitness states, in effect, he believes that the FSM did not receive the Purple Heart due to the statements he [the FSM] made while he was still in the military.  In one of the statements, he stated he did not have any injuries; but, you can look at that word "injuries" and you can take that to mean, he was not severely injured.  He continues by stating that many in the military do not consider a very minor wound as an injury and dismiss it from their memory.  This, he states, could be the case with her father.  Had the report he signed asked, have you ever been treated by a medic in Korea for minor wound(s), he would have answered, "yes."

16.  The eyewitness further continues that it appears the medic never completed a medical tag after he treated the FSM.  He noticed the Board made a statement, "that the evidence presented does not demonstrate the existence of a probable error or injustice."  He adds that he is sorry but the eyewitness statement contradicts this as he was there, period.  He continues that what he understands is that the individuals making the decisions are civilians and may or may not ever have been in the military or for that matter, may never have actually been in combat.  He does know for a fact that the FSM received a wound in the summer of 1951 while he was in the immediate rear of the main line of resistance.  He and the medic, who is unknown at this late date, were witnesses.

17.  The evidence shows, in April 1954, the FSM signed a Standard Form 505 (Clinical Record).  Part of this form required a listing of an individual's history (occupation history, military history, habits, family history, childhood illnesses, adult illnesses, surgical procedures, and injuries).  No injuries related to his Korean War service were listed.

18.  On 19 February 1974, the FSM's personnel qualification record was converted from the previously used DA Form 20, Enlisted Qualification Record, to the new, at the time, DA Form 2-1, Personnel Qualification Record, Part II.  The FSM's awards, decorations, and campaigns were transposed from his DA Form 20 to the DA Form 2-1.  The Purple Heart is not shown on either form.  The FSM apparently signed the DA Form 2-1, on 28 February 1974, and then reviewed the DA Form 20 thereafter on 21 March 1975, with the last review annotated to have been 8 June 1976.

19.  Around March 2001, the FSM wrote to the National Personnel Records Center requesting issuance of all his awards and decorations.  The National Personnel Records Center replied to the FSM and gave him a list of all his 

authorized awards on a DA Form 1577, Authorization for Issuance of Awards.  The Purple Heart is not listed among the FSM's authorized awards.  If he felt at that time he was entitled to the Purple Heart, there is no evidence he broached the question with the National Personnel Records Center or with any other agency/organization.

20.  The FSM underwent a retirement physical examination on about 13 October 1976.  The Standard Form 88, Report of Medical Examination, that was completed to document this examination is void of any entry to indicate he received any wound as a result of enemy action during either the Korean or the Vietnam Wars.

21.  The FSM's DD Form 214, in item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, with 1st oak leaf cluster; the Korean Service Medal, with 4 bronze service stars; the United Nations Service Medal; the Combat Infantryman Badge; the Good Conduct Medal (1st through 8th Award); the Army of Occupation Medal, the Armed Forces Expeditionary Medal; the Vietnam Service Medal, with three bronze service stars; the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross, with Palm Unit Citation, the Bronze Star Medal, and 4 overseas service bars.  The Purple Heart is not shown.

22.  The FSM's service records show he served with Company M, 5th Infantry Regiment, 71st Infantry Division, in Korea, for the period 27 May 1951 through 29 August 1951.  This unit was awarded the Republic of Korea Presidential Unit Citation for the period 31 July 1950 through 27 July 1953, by Department of the Army General Orders 49, dated 1954, while he was a member of the unit.  This unit award is not shown on his DD Form 214.

23.  Army Regulation 600-8-22 (Military Awards) states 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.

24.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal 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 Republic of Korea War Service Medal.  To qualify for award of the Republic of Korea War Service Medal, 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.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the FSM's record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The evidence shows the FSM was on continuous active duty from 1950 to 1977.  Fortunately, the FSM's records were not at the National Personnel Records Center when the 1973 fire occurred.  The FSM's service medical record, which consisted of 253 forms and documents were reviewed in detail.  There are no records which would in any way indicate the FSM was treated for any wound or wounds as a result of enemy action.

3.  As noted in the earlier consideration of his case the FSM served on active duty for more than 25 years after he was allegedly wounded; yet, there is no evidence that he ever reported he was wounded in action while he was on active duty or that he might have residuals from old war wounds, etc.  Two very revealing documents, a document he signed in April 1954 and a request he made for the reissuance of his awards and decorations did not mention the Purple Heart nor did they include an indication from him he was wounded in action as a result of enemy action.  Additionally, the FSM underwent a retirement physical examination and it is totally void of any indication he ever sustained a wound while he served in the hostile fire pay areas of Korea or Vietnam.

4.  The eyewitness' statements in support of the FSM being awarded the Purple Heart were considered; however, his statements are insufficient to reverse the decision of the Board, especially in view of the fact the FSM's records, in particular his medical records are intact and there are no documents to corroborate his contentions the FSM was wounded in action by a hostile enemy.

5.  Based on the available evidence, there is no basis upon which to reverse the prior Board's decision and to award the FSM the Purple Heart.

6.  In the processing of this case it was established the FSM was a veteran of the Korean War who served in Korea.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal 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 is therefore entitled to award of the Republic of Korea War Service Medal and to have this award added to his DD Form 214.

7.  The applicant served in a unit, which was awarded the Republic of Korea Presidential Unit Citation while he was a member of the unit.  This unit award is not shown on his DD Form 214.  He is entitled to this unit award and to have it added to his DD Form 214.

8.  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

___x_  __x ___  _x___  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 to amend the decision of the ABCMR set forth in Docket Number AR20060012730 dated 29 March 2007 concerning award of the Purple Heart.

2.  The Board determined that administrative error in the FSM's records should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the FSM's records to show he was awarded the Republic of Korea War Service Medal and the Republic of Korea Presidential Unit Citation.




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          CHAIRPERSON
INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.