IN THE CASE OF:	

		BOARD DATE:	  28 October 2008

		DOCKET NUMBER:  AR20080010469 


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, through his Congressional representative, the award of the Purple Heart for a wound he received in the Korean War.

2.  The applicant states he was shot in the left hand during combat on 4 March 1952.  He further states he was medevaced (medical evacuation) to the 21st Evacuation Hospital in Pusan, Korea and then to the 171st Evacuation Hospital.

3.  The applicant provides, through his Congressional representative, in support of his application, copies of three Unit Morning Reports, one Admission & Disposition Report for Overseas Hospitals, his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 5 February 1953, and his separation orders.

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 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.  The primary record available to this Board is the applicant’s DD Form 214.

3.  The applicant's DD Form 214 shows he was inducted and placed on active duty on 6 June 1951.

4.  A Morning Report from Company B, 38th Infantry, dated 6 March 1952, lists the applicant as "Fr dy to abs sk Hosp SIW Korea LD yes eff 4 Mar 52" (from duty to absent sick Hospital self-inflicted wound Korea line of duty yes effective 
4 March 1952).

5.  An Admission & Disposition Report for Overseas Hospitals sheet from the 
171st Evacuation Hospital, dated 7 March 1952, lists the applicant with a diagnosis of "W Msl GS pen lt hand SIW LDND" (wound missile (gunshot) penetrating left hand self-inflicted wound line of duty not determined).

6.  A Morning Report from the Medical Holding Detachment, 171st Evacuation Hospital, dated 7 March 1952, lists the numbers of gains and losses of patients.  This report does not list the applicant by name.

7.  A Morning Report from Company B, 38th Infantry, dated 12 March 1952, lists a change in the applicant's status from duty to absent sick Hospital self-inflicted wound Korea line of duty yes to released from assignment and reassigned to the 171st Evacuation Hospital effective 7 March 1952.

8.  On 5 February 1953, the applicant was released from active duty.  He had completed 1 year and 8 months of active service that was characterized as honorable.

9.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the applicant was awarded the Korean Service Medal with 1 bronze 
service star, the United Nations Service Medal, and the Combat Infantryman Badge.  Item 27 does not show the applicant was awarded the Purple Heart.  
10.  Item 28 (Most Significant Duty Assignment) of the applicant's DD Form 214 shows the entry Company B, 38th Infantry Regiment, APO 248.

11.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 contains the entry "None."

12.  The applicant's service medical records were not available for review.

13.  There are no orders in the applicant's available military service records awarding him the Purple Heart.  

14.  The applicant's name does not appear on the National Archives Korean War Casualty File. 

15.  Army Regulation 600-8-22 (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 medical personnel, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart for a wound he received in combat in Korea.

2.  The Morning Reports from Company B, 38th Infantry report the applicant as having been transferred to the hospital due to a self-inflicted wound (SIW).  The Morning Reports also show a line of duty investigation determined the applicant's wound was in line of duty (LD yes) effective 4 March 1952.

3.  The admission report from the 171st Evacuation Hospital shows the applicant was admitted on 7 March 1952 with a self-inflicted missile (gunshot) wound to his left hand.  The hospital did not have the results of the line of duty determination.

4.  The circumstances, provided in the reports, under which the applicant received a wound to his left hand does not meet the criteria of being wounded by an enemy of the United States, an opposing armed force of a foreign country, or a hostile foreign force.  Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.



5.  In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case

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)                                         AR20080010469



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ABCMR Record of Proceedings (cont)                                         AR20080010469



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