IN THE CASE OF:	  

		BOARD DATE:	        30 DECEMBER 2008

		DOCKET NUMBER:  AR20080014277 


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 reconsideration of his earlier request that his military records be corrected to show he was otherwise seriously injured in action with a back injury on 7 July 1950.

2.  The applicant states that his hospital records should show his back injury on 7 July 1950 and that the folliculitis only showed up while he was at the 118th Hospital in Japan.  He adds that it is reasonable to say that he would not have been evacuated from the front lines as part of Task Force Smith to a hospital in Japan for infected hair follicles on his legs at such a desperate time.  He also adds that at the Battle of Osan, South Korea, he was assigned to the 21st Infantry Regiment and was sent by air as the Regimental Chaplain’s Assistant. 

3.  The applicant provided a copy of a Western Union message, dated 10 July 1950; a copy of the National Archives Korea War Casualty File, dated 24 October 2005; a listing of the 21st Infantry Regiment Casualties from 3 to 7 July 1950, compiled by Lxxx Bxxxxxx on 28 December 2001; and a copy of the hospital admissions card, dated 3 July 1996, created by the Office of the Surgeon General (OTSG), in support of his request.

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 AR20070005469 on 16 October 2007.
2.  The applicant submitted a copy of a Western Union message, dated 10 July 1950; a copy of the National Archives Korea War Casualty File, dated 24 October 2005; a compilation of the 21st Infantry Regiment Casualties from 3 to 7 July 1950, dated 28 December 2001; and a copy of the hospital admissions card, dated 3 July 1996, created by the OTSG, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant 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 he enlisted in the Regular Army and entered active duty at Camp Lee, Virginia, in the rank/grade of private (PVT)/E-1 on 9 March 1948 and that he was trained in military occupational specialty (MOS) 4055 (General Clerk). 

5.  The applicant’s DD Form 214 further shows that he completed 4 years of creditable military service, 3 years and 18 days of which was foreign service.  He was honorably discharged in the rank/grade of corporal (CPL) (Temporary) at Fort Meade, Maryland, on 8 March 1952. 

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 shows the entry “None.” 

7.  Section 14 (Service Outside Continental United States) of the applicant’s DA Form 24A (Service Record) shows the following entries:

	a.  he departed the Continental United States on 12 June 1948 and arrived in Inchon, Korea on 27 June 1948;   

	b.  he departed Korea on 6 January 1949 and arrived in Japan on 7 June 1949; 

	c.  he departed Sasebo, Japan on 30 June 1950 and arrived in Pusan, Korea on 5 July 1950; 

	d.  he departed Inchon, Korea on 26 May 1951 and arrived in Sasebo, Japan on 28 May 1951; and 
	e.  he departed Sasebo, Japan on 17 June 1951 and arrived in Seattle, Washington, on 30 June 1951. 

8.  Section 14 does not show an entry that the applicant departed Korea on 7 July 1950 and arrived in Japan for hospitalization. 

9.  The facts and circumstances surrounding the applicant’s injury are not available for review with this case.  However, the applicant submitted the following additional evidence to corroborate his injury:

	a.  he submitted a copy of a Western Union message, dated 10 July 1950, addressed to his mother that shows he was slightly injured in action in Korea on 7 July 1950 when he sprained his back.  The message also informs the applicant’s mother to address mail for him at his former address until a new address was received; 

	b.  he submitted a copy of the hospital admissions card, dated 3 July 1996 and created by the OTSG, that shows the applicant was diagnosed with “Folliculties” on 7 July 1950 while a member of the 21st Infantry Regiment.  This card further shows that there was no injury coded for his case; that he was treated at an Army medical treatment facility overseas; that no specialized treatment was required; and that the applicant was not evacuated to the United States; 

	c.  he submitted a copy of a National Archives Korea War Casualty File, dated 24 October 2005; that shows he was “otherwise seriously injured in action.”  However, this file does not show the type, date, and/or circumstances surrounding this injury; and 

	d.  he submitted an unofficial listing of the 21st Infantry Regiment Casualties from 3 to 7 July 1950, compiled by a private citizen on 28 December 2001 that again shows the applicant was “otherwise seriously injured in action.”  However, this listing does not show the type, date, and/or circumstances surrounding this injury. 

10.  Army Regulation (AR) 615-360-1 (Separation Documents), in effect at the time, established policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  It states, in pertinent part, that Item 29 of the DD Form 214 in effect at the time shows each wound received as a result of enemy action during the period covered by the DD Form 214.  This Item will show both the date and place of action.  The theater of operation in which the action occurred may be entered if exact location is not recorded.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was otherwise seriously injured in action with a back injury on 7 July 1950.  

2.  The Western Union message submitted by the applicant shows that he was slightly injured in action in Korea on 7 July 1950 when he suffered a sprained back.  There is no evidence that this back injury was a result of hostile action or that the applicant was treated for such injury.  Therefore, it cannot be entered in Item 29 of his DD Form 214 since that block is reserved for wounds received as a result of enemy forces, which is not the applicant's case.  Furthermore, there is no other place on the DD Form 214 where the applicant's sprained back injury may be entered.

3.  The evidence provided by the applicant that he was seriously wounded is current whereas the Western Union message is contemporaneous.  Nevertheless, even if the applicant suffered a serious injury, such injury would not have entered on the DD Form 214 unless there was evidence that the alleged injury occurred as a result of hostile action.  Regrettably, absent conclusive evidence that the applicant suffered an injury as a result of hostile action, there is insufficient evidence to grant the applicant the requested relief.

4.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.  A copy of this decisional document, along with the applicant’s application will be filed in his records.  This should serve to clarify any questions or confusion regarding his back injury.

5.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant's medical records are not available for review with this case.  In the absence of the record or document to be corrected, the Board can to take no action.  




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 AR20070005469, dated 16 October 2007.




      _______ _  XXX _______   ___
               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)                                         AR20080014277



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ABCMR Record of Proceedings (cont)                                         AR20080014277



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