RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070016681 


	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 requests reconsideration of his earlier request for award of 
the Purple Heart for wounds he sustained on or about November 1951 in North Korea.

2.  The applicant states that the Board did not address the time element from 14 December 1950 to February 1951 and the Army Morning Report should account for his whereabouts.  He also states that the Board did not support or deny his account that he was wounded on 14 December 1950 and was taken aboard the hospital ship, the U.S.S. Constellation, for medical treatment then transferred to the Army General Hospital.  He further states that the Army Morning Report should be compared with the Army War Casualty Roster and it should be determined why the two reports differ from one another.  He alleges that the military has been negligent in maintaining proper records on him and never made any attempt to correct this error.  He states he received more than 18 months of combat pay during the month of October 1952 for his service during the Korean War.  

3.  The applicant further states that he has been interviewed by many physicians and he has been questioned concerning his combat wounds.  He explained to an Army physician in Japan that his wound had been caused by shrapnel from an enemy artillery projectile that exploded near him.  A Veterans Affairs physician questioned him regarding the injuries he sustained on 14 December 1950.  He explained to the physician that he did not receive any physical therapy and was ordered back to combat duty before he could receive any physical therapy.  The applicant states he has inquired about the Purple Heart based on rumors at the Department of Veterans Affairs concerning new identification badges that would include the Purple Heart emblem for veterans who had earned this medal in combat.  As a result, this action would allow for a different classification of disabled veterans.  He referenced the military rules for awarding the Purple Heart to include a self-inflicted wound; an accidental or unintentional wound caused by friendly fire or intentional friendly fire; and a wound caused by the enemy, either directly or indirectly.  Additionally, he states that the medical records must reflect the nature and extent of the medical treatment given.  

4.  The applicant provides a supplemental letter, dated 22 May 2007.

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 AR20060013085 on 24 May 2007.

2.  The applicant has provided new arguments that will be considered by the Board.  

3.  The applicant enlisted in the Regular Army on 29 May 1948 for a period of three years.  

4.  The applicant’s WD AGO Form 24 (Service Record) contains a blank entry in Section 8 (Wounds Received through Enemy Action).  Section 14 (Service Outside Continental United States) shows he served in Okinawa from 12 October 1948 to 11 November 1949; in Moji, Japan from 14 September 1950 to 24 September 1950; and in Korea from 25 September 1950 to an unknown date. Section 7 (Combat Record) shows he served in Korea at least through
10 October 1951.

5.  The applicant underwent a separation medical examination on 5 May 1952.  His Report of Medical Examination shows he sustained a shell fragment wound to his right thigh in October 1950 while he was assigned to the 58th Field Artillery Battalion, 3rd Division in Korea.  This document shows he was treated at the Nagoya Air Force Hospital with no complications.  

6.  The applicant was released from active duty on 7 May 1952 in the rank of sergeant.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was awarded the Korean Service Medal with four bronze service stars.

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry “None.”

8.  There are no orders which indicate the applicant was awarded the Purple Heart.  His name is not listed on the Korean Casualty Roster.

9.  The historical files of the 58th Field Artillery Battalion, 3rd Division in Korea were reviewed at the National Archives in College Park, Maryland.  The review failed to show documentation showing the applicant’s entitlement to award of the Purple Heart.  

10.  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.  Paragraph 2-8b(2) states 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.  The regulation states that the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders authorizing award of the Purple Heart to the applicant.  His name is not listed on the Korean Casualty Roster.  

2.  The applicant contends that he was wounded in December 1950 and that he received medical treatment.  

3.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by military medical personnel, and the treatment record must have been made a matter of official record.  Although his separation physical examination contains an entry indicating he received a shell fragment wound in Korea in October 1950, there is no indication that this fragment wound was received as a result of enemy action.

4.  The applicant did not provide the Morning Report he mentioned in his application; therefore, it is not known how that Morning Report differs from the Casualty Report.  

5.  Therefore, there is insufficient evidence on which to base correction of his records to show award of the Purple Heart.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x____x____ x______  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 AR20060013085, dated 24 May 2007.




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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.