IN THE CASE OF:	  

		BOARD DATE:	  12 August 2008

		DOCKET NUMBER:  AR20080008670 


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, that his records be corrected to show two awards of the Purple Heart.

2.  The applicant states, in effect, that he should have been awarded the Purple Heart for wounds he received as a result of action with enemy forces.  He was first wounded in the leg by incoming artillery at Sandbag Castle, while assigned to Company C, 27th Infantry, 25th Infantry Division in the Republic of Korea.  He was treated by a captain in the MASH tent.  The wound would not heal.  He was sent to the 187th Airborne Infantry at which time he was hit the second time in the neck when sniper fire hit a large pile of stones that caused one of the stones to penetrate his neck.

3.  The applicant provides a copy of his separation document (DD Form  
214); personal letter; an extract from a book titled "The Greybeards" dated September/October 1999; Clinical Record dated 19 September 1953; a letter from Company I, 187th Airborne Regimental Combat Team, dated 26 August 1953; and an Operation Order from Headquarters, First Aviation, 27th Infantry (The Wolfhounds).

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 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 to conduct a fair and impartial review of this case.

3.  The applicant's reconstructed military personnel record shows he enlisted in the Regular Army on 13 February 1951 for 3 years.  His DD Form 214 shows that his branch of service was Infantry.

4.  He served continuously until he was honorably discharged from active duty on 12 February 1954.  He completed 3 years of Net Service Completed for Pay Purposes This Period.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Parachutist Badge, United Nation Service Medal, Korean Service Medal with  
3 bronze campaign stars, 1 Overseas Bar, Combat Infantryman Badge, and the National Defense Service Medal.  However, it does not show the Purple Heart.

6.  Item 28 (Most Significant Duty Assignment) of his DD Form 214 shows Company K, 85th Infantry Regiment, Fort Riley, Kansas.

7.  Item 29 (Wounds Received As a Result Of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

8.  The personal letter the applicant submitted states that he spoke to his elected representative concerning his attempts to obtain two Purple Hearts.  He explained in detail his wound that he received at Sandbag Castle during the Korean War.  He states that the date of his injury was approximately between December 1952 and March 1953.  He was treated by a medic (a captain), who made a note of the injury.  He continues that the captain told him he would put him in for the Purple Heart for the wound he received.  However, there was a lot of bombing and confusion and a direct hit on their bunker at the time, so he told him to forget it because he felt he needed to get back to the lines. When his wound would not heal, he was sent to the 187th Airborne Infantry at which time he was hit the second time in the neck by sniper fire which hit a large pile of stones that caused one of the stones to penetrate his neck.  He saw a doctor in Japan that treated the wound and called it a sebaceous cyst.  He would like to obtain two Purple Hearts for the wounds he received in the Korean War.

9.  The extract from the book titled "The Greybeards" describes the events involving the Wolfhounds of Sandbag Castle in a 96 day defense of the Republic of Korea.  However, it does not show that the applicant sustained wounds as a result of action with the enemy forces during the Korean War.

10.  The Operation Order from Company C, 27th Infantry that the applicant submitted provided security information concerning the enemy forces and the company’s tactics in a planned ambush against those enemy forces.  

11.  The clinical record that the applicant submitted shows that he was treated for an infected sebaceous cyst on the back of his neck.  

12.  Also submitted by the applicant is a letter from Company I, 187th Airborne Regimental Combat Team which shows the applicant was entitled to receive combat pay for the period of 1 July 1953 to 26 July 1953.

13.  A review of the Republic of Korea Casualty Files does not show the applicant's name listed among those wounded.

14. Army Regulation 672-5-1 (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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.

2.  There is no evidence in his available reconstructed records which shows he was wounded as a result of hostile action or treated for such wounds.  His name does not appear on the Republic of Korea Casualty Files.

3.  The applicant's statement, extract from the book titled "The Greybeards," Clinical Record, letter from Company I, 187th Airborne Regimental Combat Team, and Operation Order from Headquarters, First Aviation, 27th Infantry, are insufficient to show the applicant met the criteria for award of the Purple Heart.
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.  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 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.




      _______ _   _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)                                         AR20080008670



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ABCMR Record of Proceedings (cont)                                         AR20080008670



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