IN THE CASE OF:	  

		BOARD DATE:	        29 July 2008

		DOCKET NUMBER:  AR20080009125 


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 request for award of the Purple Heart.

2.  The applicant states that he received a letter from St. Louis (the National Personnel Records Center).  His application letter is partially illegible, but it appears he believes the letter from St. Louis refers to his Purple Heart.

3.  The applicant provides a letter (actually, a 1st indorsement), dated                11 November 1951; one page, dated 5 May 2008, from a Department of Veterans Affairs medical record; and two pages from a Rating Training Guide, in reference to post-traumatic stress disorder, and describing the eligibility criteria for award of the Purple Heart.

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 AR20070015039 on 21 February 2008.

2.  The evidence provided by the applicant is new evidence that will be considered by the Board.

3.  In his original request, the applicant stated he was wounded by an aerial burst from enemy artillery at Octook-Tong, Korea on “06/09/1950.”  He stated a chaplain took him to the medical tent, where he was treated and placed on bed rest for 12 hours.  In the original consideration of his case, the Record of Proceedings referred to his wounds as occurring on “9 June 1950.”  Since the North Koreans did not invade South Korea until 25 June 1950, it is presumed the applicant meant “6 September 1950.”

4.  The applicant’s military personnel records were affected by the fire at the National Personnel Records Center in 1973; however, except for minor damage, they appear to be almost complete.

5.  The applicant enlisted in the Regular Army on 6 August 1948.  He was assigned to Company A, 32d Infantry Regiment, Japan, on or about 8 March 1949.  Section 14 (Service Outside Continental United States) of his WD AGO Form 24A (Service Record) is partially illegible, but it appears to show the applicant arrived in Korea on 16 September 1950.  This agrees with information taken from the internet that indicates the 32d Infantry Regiment landed at Inchon on 16 September 1950.

6.  The applicant departed Korea around May 1951.

7.  Headquarters, 7th Infantry Division, General Order Number 347, dated         15 July 1951, awarded the applicant the Bronze Star Medal with “V” device.

8.  By letter dated 20 July 1951, Headquarters, 31st Infantry Regiment, transmitted the applicant’s Bronze Star Medal with “V” device orders to the 8068th Replacement Battalion.  

9.  By letter dated 6 November 1951, Headquarters, 7th Infantry Division, transmitted the applicant’s Bronze Star Medal with “V” device orders and citation to the Commander-in-Chief, Far East.  By 1st indorsement dated 11 November 1951, Headquarters, Far East Command, forwarded the 6 November 1951 letter to The Adjutant General, Department of the Army, stating that a certificate had not been issued in compliance with The Adjutant General WCL (acronym unknown) message 37379 dated 9 August 1950, nor had a medal been presented.

10.  On 17 January 1952, in response to the 6 November 1951 letter, the Office of The Adjutant General authorized issuance to the applicant of the Bronze Star Medal with “V” device.

11.  The applicant was honorably discharged on 10 May 1952.  

12.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 contains the entry, “None.”  His name is not listed in the Korean War Casualty Files.  At least part of his service medical records are available; however, those records do not show that he was treated for any medical problem while he was in Korea.

13.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating 0evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  It is noted that the applicant appears to have stated that he was wounded on 6 September 1950.  The preponderance of the evidence indicates that he did not arrive in Korea until 16 September 1950; however, it is recognized that the applicant might have been mistaken about the date.  Nevertheless, there is no evidence of record to show the applicant was wounded while in Korea.  

2.  The 11 November 1951 1st indorsement (i.e., the “letter”) provided by the applicant referred to his Bronze Star Medal with “V” device.  Although that indorsement mentioned a 9 August 1950 message, the date “9 August 1950” could not have been a reference to a Purple Heart for the applicant.  The preponderance of the evidence indicates the applicant did not arrive in Korea until 16 September 1950.

3.  Regrettably, there is still insufficient evidence to show the applicant met the eligibility criteria for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  __xx____  ___xx___  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 to amend the decision of the ABCMR set forth in Docket Number AR20070015039 dated 21 February 2008.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      ______xxxx  _______   ___
               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)                                         AR20080009125





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ABCMR Record of Proceedings (cont)                                         AR20080009125



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