RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20080002483 


	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:


M

Chairperson

M

Member

M

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 reconsideration of his earlier request for award of the Purple Heart.

2.  The applicant states, in effect, that he should have been awarded the Purple Heart because a mortar hit and blew him out of the ditch he was in.

3.  The applicant provides a witness statement, dated 4 December 2007, in support of his application.

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 AR20070005945, on 4 October 2007.

2.  The applicant submitted a copy of a witness statement, authored by a former comrade in arms, now the National Commander of the Combat Disabled American Veterans (CDAV), which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  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 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 for the Board to conduct a fair and impartial review of this case.

4.  The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows that he entered into active military service in Parkersburg, West Virginia, on 19 August 1950, and that he was trained in military occupational specialty (MOS) 3729 (Antitank Mine Field Plotter).  

5.  On 19 August 1950, while serving in the rank of corporal in the West Virginia Army National Guard (WVARNG), the applicant was ordered to active duty for 24 months.  Although the specific dates are unknown, the applicant was transferred to Korea for duty with Company B, 1092nd Combat Engineer Battalion, which was also deployed to Korea.

6.  The applicant's DD Form 214 further shows that he was honorably discharged, at Fort Sheridan, Illinois, on 23 April 1952, for expiration of his term of service.  The applicant authenticated the DD Form 214 by placing his signature in Item 48 (Signature of Person Being Separated). 

7.  Item 22 (Net Service Completed for Pay Purposes This Period) of his DD Form 214 shows he completed 1 year, 8 months and 5 days of active service during his current period of active duty. 

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Korean Service Medal with two bronze service stars.  Item 27 does not show award of the Purple Heart.  

9.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry “None.”  

10.  The applicant's name is not listed in the Korea Casualty File.

11.  During the processing of this case, a member of the Board staff reviewed the historical files of Company B, 1092nd Engineer Battalion, at the National Archives, College park, Maryland.  This review failed to show the applicant's entitlement to the Purple Heart.

12.  The applicant was subsequently awarded the National Defense Service Medal, the United Nations Service Medal, the Republic of Korea Presidential Unit Citation, the Good Conduct Medal, and the Korean War Service Medal.

13.  In a witness statement, dated 4 December 2007, the National Commander, CDAV, states that he, the applicant, and others, were assigned to a battalion that debarked in Korea on 3 March 1951 and participated in four of the 10 major battles of the Korean War.  He further adds that the applicant was wounded on 22 June 1951, on the Imjin River, near Yonchon, in the northern part of Korea, by the heavy concentration of enemy mortar and artillery fire, and that most or all of the wounded were treated by medics of the Royal Canadian Troops.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 regulation also provides that there are no time limitations for requests for award of the Purple Heart. 

DISCUSSION AND CONCLUSIONS:

1.  The statement submitted by the CDAV National Commander was noted.  Furthermore, the sincerity of the National Commander's contention that he, and the applicant, served in a battalion that participated in four of the 10 major battles of the Korean War, is not in question.  Unfortunately, in light of the lack of evidence that the applicant was injured as a result of enemy action, and that he was treated by medical personnel for his injuries; there is insufficient evidence to show that he met the criteria for award of the Purple Heart.

2.  There are no orders in the applicant's available personnel records that show he was awarded the Purple Heart; there is no evidence in the available records and the applicant has not provided sufficient evidence, such as medical records, eyewitness accounts from his chain of command at the time or medical personnel who treated his wounds, that shows he was wounded or treated for wounds as a result of hostile action.

3.  In the absence of military records which show the applicant was wounded or treated for wounds as a result of hostile action, there is insufficient basis for award of the Purple Heart in this case.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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 AR20070005945, dated 4 October 2007.



							XXX
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080002483



5


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