RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  6 May 2008
	DOCKET NUMBER:  AR20070018409 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that he was wounded in Korea sometime between the 20th and 25th of July 1950, when he was hit by shrapnel in his lower right leg.  He indicates that he was the only remaining medical corpsman (Medic) in his unit after the Doctor had been killed and the other Medic wounded and evacuated to Japan.  He claims this is the reason no notation regarding his wounding was ever entered into his record. 

3.  The applicant provides 8 exhibits listed in the enclosed Index in support of his application.  

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 to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using a reconstructed record and the separation documents provided by the applicant.  

3.  The applicant's initial separation document (WD AGO Form 53-55) shows he was inducted into the Army of the United States and entered active duty on 8 February 1946.  He was trained in, awarded, and served in military occupational specialty (MOS) 7657 (Litter Bearer).  It also shows that he continuously served for 1 year, 1 month, and 25 days until being honorably separated on 2 April 1947, and that he earned the World War II Victory Medal and Army Lapel Button during this period of service. 

4.  Item 34 (Wounds Received in Action) of the applicant's 2 April 1947 WD AGO Form 53-55 contains the entry “None,” and the applicant authenticated this document with his signature in Item 56 (Signature of Person Being Separated) on the date of his separation.   

5.  On 10 January 1949, the applicant enlisted in the Army and reentered active duty.  He served in MOS 1123 (Chief Medical Technician), and he served on active duty for 3 years, 5 months, and 19 days, of which 2 years, 2 months, and 19 days was foreign or overseas service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the separation document (DD form 214) he was issued at the time shows he earned the Army of Occupation Medal with Japan Clasp, United Nations Service Medal, and the Korean Service Medal with 5 bronze service stars during that period of active duty service.  Item 29 (Wounds Received As a Result of Action with Enemy Forces) contains the entry “None," and the applicant authenticated this separation document in Item 48 (Signature of Person Being Separated).

6.  The applicant provides multiple documents in which he details the leg wound injury that he claims he sustained while serving in Korea on active duty.  He also provides a letter from a physician who indicates that he has taken care of the applicant for the past ten years during which time he complained of a chronic, non-healing wound injury that he believes was caused by shrapnel.

7.  The reconstructed NPRC file pertaining to the applicant contains no orders, or other documents that indicate the applicant was ever recommended for, or awarded the PH.  It is also void of any medical treatment records or an Office of The Surgeon General (OTSG) Hospital Admission Record showing that the applicant was ever treated for a combat-related wound while serving on active duty.  

8.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Korean War Casualty Roster.  There is no entry pertaining to the applicant on this roster.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action.  The wound or injury for which the PH is being awarded must have required treatment by medical personnel, and this treatment must have been made a matter of official record.  

10.  Paragraph 9-16 of the awards regulation contains guidance on the Republic of Korea War Service Medal (ROKWSM).  It states, in pertinent part, that it is awarded to members who served in Korea for 30 consecutive or 60 non-consecutive days between 25 June 1950 and 27 July 1953.  

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record.  

2.  The available evidence in this case, which includes the independent evidence submitted by the applicant, fails to confirm he was ever wounded or injured as a result of enemy action and/or that he was ever treated for a combat-related wound or injury while serving on active duty.  In addition, the PH is not included in the list of awards contained in Item 27 of his 17 December 1952 DD Form 214; Item 29 contains the entry "None," which indicates he was never wounded as a result of enemy action; and the applicant authenticated the DD Form 214 with his signature in Item 48 on the date of his separation.  In effect, his signature was his verification that the information contained on he DD Form 214, to include the Item 27 and Item 29 entries, was correct at the time the separation document was prepared and issued.  

3.  Finally, the applicant's name is not included on the Korean War Casualty Roster, the official DA list of Korea battle casualties.  Therefore, absent any documentary evidence that corroborates the facts and circumstances outlined by the applicant surrounding his wounding, or that shows he was ever wounded as a result of enemy action and/or that he was treated for a combat-related wound by military medical personnel, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  As a result, it would not be appropriate or serve the interest of all those who served in Korea and who faced similar circumstances to support award of the PH at this late date.  

4.  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 record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  The applicant and all others concerned should 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.

5.  The evidence does show that based on the applicant’s service in Korea, he is entitled to the ROKWSM.  The omission of this award from his separation document is an administrative matter that does not require Board action.  Therefore, the Case Management Support Division (CMSD), St. Louis, Missouri, will administratively correct his record 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 related to award of the Purple Heart.  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.

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 his entitlement to the Republic of Korea War Service Medal; and by providing him a correction to his DD Form 214 that includes this award.




      ________x______________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070018409


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508