IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080008650 


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, reconsideration of his earlier appeal to correct his military records to show that he is entitled to additional Purple Hearts.

2.  The applicant states, in effect, the Army failed to award him two additional Purple Hearts for separate wounds he received between 11 and 13 February 1951.  He was mobile and in active combat with the enemy until 13 February 1951.  He received one Purple Heart.

3.  The applicant adds, in effect, that at different times during the above dates, he received the following wounds in the listed sequence:  a) a gunshot wound to his nose and right cheek, b) concussion and debris wounds from hand grenades which blinded his left eye, and c) gunshot wounds to his left leg which completely incapacitated him.

4.  The applicant summarizes by stating, in effect, that he wants his records to properly reflect his continuing active engagement with the enemy during this three day period and to give him credibility for his pride to his family.

5.  In support of his request, the applicant provides a copy of a letter he received while he was a patient in the general hospital at Camp Atterbury about March 1951 and a copy of a newspaper article which was attached to the copy of the letter.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR), in Docket Number AR20060014210, on 1 May 2007.

2.  The evidence shows the applicant had prior service and was ordered to active duty on 21 October 1950.  He served in Korea for the period 23 December 1950 until approximately 4 March 1951.  The applicant was retired for physical disability reasons on 30 November 1951.

3.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the DD Form 214 the applicant was issued on his separation date, shows he was awarded the Purple Heart and the Korean Service Medal.  On 14 December 2007, the applicant’s DD Form 214 was corrected to delete the Korean Service Medal.  The Korean Service Medal, with two bronze service stars, was added in its place.  In addition, the applicant’s DD Form 214 was corrected to add the United Nations Service Medal, the National Defense Service Medal, and the Republic of Korea War Service Medal, as a result of the Board’s 1 May 2007 decision in Docket Number AR20060014210.  Additional awards of the Purple Heart were not awarded nor authorized by the Board.

4.  Item 29 (Wounds Received as a Result of Action with Enemy Forces), of the applicant’s DD Form 214, shows he received a gunshot wound to the left leg in Wonju, Korea, on 12 February 1951.  No other wounds were recorded on the applicant’s DD Form 214 when he was separated for physical disability retirement purposes.

5.  The newspaper article which was attached to the letter the applicant received from a Chicago family while he was hospitalized at Camp Atterbury states, “February 12 and 13 were a nightmarish 48 hours for Pvt. G_____ B___________, 22, of Lewistown, Ill.  That was when his field artillery battery was overrun, surrounded, and methodically cut down by Chinese.  ‘We held out that first night and tried to break thru the next day, but we couldn’t’ he said.  ‘I got nicked on the face by a rifle bullet, then a rocket hit a truck beside me and blew metal into my eyes.  The second night there were very few of us left.  I ran to get aboard a tank which was going to try and break thru.  A bullet smashed my left leg, but I hauled myself on. Somehow, we got out.’”

6.  The content of the newspaper article is a summary of information provided the newspaper reported by the applicant himself.  There is no indication the reporter verified the information provided him by the applicant with official Army sources.  The newspaper reporter makes no reference to any official document or individual who might have served to verify the applicant’s account of his experiences in combat.

7.  A WD AGO Form 8-26 (US Army Field Medical Card) which was prepared on 13 February 1951 at the 3rd Medical Clearing Station shows the applicant was diagnosed with a gunshot wound to the left leg and with facial injuries.

8.  FEC Form No. 241, [Initial] Casualty Report, prepared on 16 February 1951, shows the applicant became a casualty on 12 February 1951.  Item 20 (Remarks or Diagnosis) of the form show he was diagnosed with a "Wound, gunshot, face and left thigh, WIA [Wounded in Action] 2200, 12 Feb 51, Korea, enemy small arms fire and mortar fragments."

9.  FEC Form No. 241 [Supplemental] Casualty Report, prepared on 27 February 1951, shows the applicant was diagnosed with "1.  (8255) Wound, missile, perforating, left thigh; entrance, medial aspect, middle, third; exit, posterior lateral aspect, middle third; no artery or nerve involvement; incurred 2200 12 Feb 51, near Wonju, Korea, WIA, patient struck by enemy small arms fire and mortar fragments.  2.  (8010) Fracture, compound, comminuted, femur, left; no artery or verve involvement; incurred as stated in Dg (diagnosis) 1.  3. (3862) Hemorrhage in vitreous and anterior chamber, left eye, incurred as stated in Dg 1.

10.  A WD AGO Form 8-24 (Medical Treatment Record) which was prepared at the US Army Hospital, Camp Atterbury, shows the applicant was struck by enemy small arms fire and mortar fragments on 12 February 1951.  The applicant was diagnosed to have a wound, missile, perforating, left thigh; a wound, missile, penetrating, left shoulder, left eye, left lower leg; and a fracture, compound, comminuted, complete, of the left femur.

11.  The applicant underwent a physical evaluation board (PEB) on 11 October 1951. He was evaluated by the PEB for “Hemorrhage, vitreous, complete, left eye, secondary to penetrating wound, 11 o’clock near the limbus caused by enemy shell fragment” and for, “Residuals of fractures, compound comminuted, complete, left femur, manifested by malunion with 5/6” shortening, slight bowing of the femur and slight mechanical impairment.”  The PEB summary shows the 

wounds were incurred on 12 February 1951, were incurred in time of war or national emergency, were the proximate result of the performance of duty, were incurred in line of duty, and were incurred in combat with enemy of the United States.

12.  On 10 October 1951 the applicant prepared and submitted a rebuttal to the findings of the PEB, and more specifically, the 30 percent disability rating he was awarded for his wounds.  In his rebuttal, he stated, in effect, that in his opinion, he felt the PEB was unfair and incomplete.  He stated that his disabilities were the result of wounds received while in combat with the enemy in Korea.  He was wounded on three different occasions from approximately the 11th to the 15th of February 1951 while his unit was trapped behind enemy lines.  The first, he stated, was a gunshot wound, the missile striking the tip of his nose and right cheek.  Wound number two was caused by an explosive missile which blew him into the air and resulted in concussion and shrapnel wounds.  Shrapnel was imbedded in his right and left eyes and also shrapnel in his left shoulder and left shin.  The third and last wound he received was in the left thigh from machinegun fire.  There is no documentation on file in his service record to show the rebuttal was responded to by the PEB either in response to the disability rating or to the number of times the applicant stated he was wounded.

13.  Army Regulation 600-8-22 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.

14.  Army Regulation 600-8-22, paragraph 2-28.d. states "A Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an oak leaf cluster will be awarded to be worn on the medal or ribbon.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent."

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he was wounded on three separate occasions between 11 and 13 February 1951 there is no evidence in the available medical records to support this contention.



2.  All medical records, beginning with the WD AGO Form 8-26 which was prepared on 13 February 1951 at the 3rd Medical Clearing Station used to “tag” the applicant shows he was wounded on 12 February 1951.  The WD AGO Form 8-26 does show he received multiple wounds on that date.

3.  The initial casualty report, as well as the supplemental casualty report that was submitted, show that the applicant sustained multiple wounds on the same date and at the same time.

4.  The applicant underwent a PEB at the US Army Hospital at Camp Atterbury.  As part of the process, he submitted a rebuttal pertinent to the 30 percent disability rating that was awarded him by the board.  In his rebuttal he reported he had been wounded on three separate occasions; however, a copy of a reply to his rebuttal is not on file in his available medical and service records.  All the available evidence reflects that he sustained multiple wounds at the same instant on 12 February 1951 and the applicant is therefore not entitled to award of the additional Purple Hearts he is requesting.

5.  The content of the newspaper article is a summary of information provided the newspaper reporter by the applicant himself.  There is no indication the reporter verified the applicant’s account with official Army sources.

6.  In the absence of any corroborating evidence, the applicant is not entitled to award of any additional awards 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 AR20060014210 dated 1 May 2007.



      __________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)                                         AR20080008650



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ABCMR Record of Proceedings (cont)                                         AR20080008650



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