IN THE CASE OF:	  

	BOARD DATE:	  6 May 2008

	DOCKET NUMBER:  AR20080000549 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, two awards of the Purple Heart (PH).

2.  The applicant states, in effect, that he was twice wounded in combat while serving in Korea.  He indicates that although he was first medically evacuated after receiving a ricochet bullet wound to his leg, there is no mention of it in his medical records.  He also states that he was wounded a second time in December 1950, when a piece of shrapnel struck him in the forehead above his left eyebrow.  He does not recall if he was medically evacuated by land or by air, but he does recall being pulled from his unit and receiving treatment for battle fatigue and a concussion which he claims is documented in his medical records.

3.  The applicant provides a self authored statement 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 that primarily consists of the applicant's separation document (DD Form 214) and a Hospital Admission Record for 1950, prepared by the Office of the Surgeon General (OTSG).  

3.  The applicant's separation document shows that after he had previously served on active duty for 3 years, 1 month, and 9 days, the applicant entered the period of service covered by his DD Form 214 on 12 January 1953.  This separation document shows he served on active duty for 5 years, 11 months, and 28 days during the period covered by the DD Form 214, and that he was honorably discharged, in the rank of specialist five (SP5), on 9 January 1959, after completing a total of 9 years, 1 month and 7 days of active military service.  

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's 9 January 1959 
DD Form 214 shows he earned the Army Good Conduct Medal, Korean Service Medal with 5 bronze service stars, United Nations Service Medal, and National Defense Service Medal.  The PH was not included in the list of awards contained in Item 16.  Item 27 (Wounds Received As a Result of Action By Enemy Forces) contains the entry "NA", and the applicant authenticated this document with his signature in Item 34 (Signature of Person Being Transferred or Discharged) on the date of his discharge.  

5.  An OTSG Hospital Admission Record contained in the applicant's NPRC file shows he was admitted to a medical treatment facility in the Korea on 23 September 1950, and that he was treated for a brain concussion.  It further indicates he received this injury as a result of a fragment or explosion while on land.  The OTSG record confirms his wound was received as a direct result of enemy action and the applicant was categorized as “battle" casualty.  There are no other medical treatment records contained in the NPRC file that indicate he was wounded in action a second time either prior to or after the incident documented in the OTSG hospital admission record.  

6.  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 a medical officer, and this treatment must have been made a matter of official record.  

7.  Paragraph 9-16 of the awards regulation contains guidance on the Republic of Korea War Service Medal (KWSM).  It states, in pertinent part, that it is authorized 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.  The applicant's claim of entitlement to two awards of the PH has been carefully considered and found to have partial merit.  The evidence confirms that the applicant was wounded in action in Korea on 23 September 1950, as evidenced by the OTSG Hospital Admission Record on file.  As a result, the applicant should be awarded the PH, and this award should be added to 
Item 26 of his DD Form 214.  However, the available evidence in this case fails to show the applicant was wounded or injured more than once as a result of enemy action, or that he was ever treated for a second combat-related wound by military medical personnel.  As a result, the regulatory burden of proof necessary to support a second award of the PH has not been satisfied in this case.  

2.  The evidence also shows that based on the applicant’s service in Korea during the qualifying period, as evidenced by his having received the KSM and UNSM and by the OTSG hospital admission record in the NPRC file, he is entitled to the KWSM.  Therefore, it would also be appropriate to add this award to his record and separation document at this time. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x ____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart, for being wounded in action in Korea on 
23 September 1950; by amending his 9 January 1959 DD Form 214 by adding the Purple Heart and Republic of Korea War Service Medal and by deleting the entry in Item 27 and replacing it with the entry "Korea, Brain Concussion, 
23 September 1950"; and by providing him a correction to his separation document that reflects these changes.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a second award of the 
Purple Heart.  




       _         x             ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080000549



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ABCMR Record of Proceedings (cont)                                         AR20080000549



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