IN THE CASE OF:	  

		BOARD DATE:	        02 December 2008

		DOCKET NUMBER:  AR20080016289


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 previous request for award of the Purple Heart.

2.  The applicant states he is grateful for the corrections the Board made to his service record; however, he believes he is entitled to the Purple Heart.

3.  The applicant provides, through the assistance of relatives and friends, a copy of the entry pertaining to him taken from the US National Archives and Records Administration’s Korean War Casualty File.  It shows he was “otherwise seriously injured in action” on 10 July 1950 in Korea.

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 AR20070013827, on 12 February 2008.

2.  The applicant’s submission of the Korean War Casualty File entry is new evidence not previously considered by the Board and requires reconsideration of his request for the Purple Heart.

3.  The Korean War Casualty File is a Government database listing all casualties of the Korean War.  The entry for the applicant shows he was a Private (Pvt/E-2) serving in the Transportation Corps in Korea.  On 10 July 1950, he became a casualty.  The entry shows his casualty code as “6 & F – otherwise seriously injured in action - hospitalized.”  He was not returned to duty until 31 July 1951.

4.  The Korean War Casualty File listed the following casualty codes:

TYPE OF CASUALTY AND DETAIL CODES

Type of Casualty												    Code

Killed in Action 														  1
Died as result of missile wound received in action 				  2
Died as result of non-missile wound received in action 		  B
Died as result of being gassed in action 							  K
Died as result of radiation received in action 					  S
Died of other injuries received in action 							  3
Seriously wounded in action by missile 							  4
Seriously wounded in action by other than missile 				  D
Seriously gassed in action 											  M
Seriously exposed to radiation in action 							  U
Wounded in action by missile, hospitalized 						  5
Wounded in action by other than missile, hospitalized 			  E
Gassed in action, hospitalized 									  N
Exposed to radiation in action, hospitalized 						  V
Otherwise seriously injured in action 								  6
Otherwise injured in action, hospitalized 							  F
Missing in action 													  7
Prisoner-of-War														  8
Captured 																  H
Interned 																  9

As can be seen, the file clearly differentiates between wounds and injuries.  A code of “5” or “5 E” would indicate a Soldier who was wounded and hospitalized versus “6 F” for a Soldier who was injured and hospitalized.

5.  As stated in the previous Record of Proceedings by this Board, the applicant was retired from the Army by reason of physical disability on 31 May 1954.  Medical documents pertaining to his physical disability retirement and found in his records provide that he was injured in Korea when a tree fell on him and “...he was hospitalized [for this] and diagnosed as:  Psychogenic musculoskeletal reaction; Stress:  Moderate (duty in Korean combat zone – no actual combat)."



DISCUSSION AND CONCLUSIONS:

1.  The applicant is listed on the Korean War Casualty File.  His entry states he was “otherwise seriously injured in action and hospitalized.”  It states he was injured on 10 July 1950 and did not return to duty until 31 July 1951.

2.  During wartime, Soldiers are often injured in action; they are run over, fall off cliffs, are accidently shot, are victims of vehicle accidents, or have trees fall on them.  These events do not normally qualify for award of a Purple Heart.  The Korean War Casualty File attempts to categorize such incidents as “injuries” rather than “wounds.”  The file clearly categorizes the applicant’s casualty status as an “injury,” meaning that he would not be eligible for a Purple Heart.

3.  Medical records found in the applicant’s service records indicate that a tree fell on him in a non-combat situation in Korea and that he experienced a psychogenic musculoskeletal reaction which placed him in the hospital.

4.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.  The regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

5.  The applicant’s new evidence is not sufficient to approve his request to award the Purple Heart.  However, the applicant and all others concerned should 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.

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 AR AR20070013827, dated 12 February 2008.




      _______ _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)                                         AR20080016289





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ABCMR Record of Proceedings (cont)                                         AR20080016289



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