IN THE CASE OF:	

		BOARD DATE:	       9 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090005756 


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 previously denied requests for award of the Purple Heart.

2.  The applicant states, in effect, that on the evening of 24 April 1953, he was posted as a Browning Automatic Rifleman on Outpost Harry located in the Kumwha Hills, east of the Chorwon Valley in the Republic of North Korea when the outpost was subjected to heavy artillery fire.  The applicant continues that as a result of this attack, he sustained two wounds to the right side of his head.  Enemy forces overran their defensive positions resulting in hand to hand fighting during which he sustained seven more wounds:  four in the right knee and leg, two in the left leg, and one in the left arm.  The applicant states that these wounds were caused by hand grenade fragments at very close range.

3.  The applicant continues that after being wounded a total of nine times, Chinese soldiers took him prisoner while he was lying on the ground.  He adds that he was held as a prisoner of war until 24 August 1953, when he was 
repatriated in the prisoner exchange following the signing of the Armistice.  The applicant states that the only medical treatment he received from the Chinese was some kind of white powder which was applied to his legs on several occasions.

4.  The applicant states that on 22 September 1995, at Sampson Air Force Base Hospital, Geneva, NY, Doctor R. S. M___n, U.S. Air Force (Medical Corps), surgically removed his right kneecap, including shrapnel which had entered his 
kneecap on 24 April 1953.  The applicant adds that his recovery period extended beyond his scheduled discharge date of 8 October 1955 and he was subsequently discharged from the U.S. Army on 21 December 1955.

5.  The applicant states that his medical records from Panmunjom and Inchon, Korea, in addition to his medical records from aboard the U.S. Navy Ship (USNS) General John N. Pope confirm that he was wounded in both legs and the head.

6.  The applicant further states that the Veterans Administration (VA) awarded him 30 percent disability for his right leg and 10 percent for his left leg, for a combined disability rating of 40 percent effective 22 December 1955.  He adds that his battle scars on the right deltoid region and right occipital area are service-connected and zero percent disabling.  The applicant concludes that his current VA rating is 100 percent for service-connected disabilities that are considered permanent and total.

7.  The applicant desires to have his records corrected in the interest of preserving his good name, posterity, his family, and his own self-esteem.

8.  The applicant provides 19 various documents as evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous considerations of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050003071 on 17 November 2005 and Docket Number AR20060002096 on 8 August 2006.

2.  The applicant provides various documentary evidence that he contends show his entitlement to award of Purple Heart based upon wounds he sustained on
24 April 1953.  The applicant’s submissions were not previously reviewed by the ABCMR; therefore, they are considered new evidence that 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 enlisted on 8 October 1952, he served in Korea, and he was honorably discharged on 21 December 1955.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of this DD Form 214 shows the entry, "NONE.”

5.  The applicant provides a DA Form 1 (Morning Report) which he obtained from the National Personnel Records Center (NPRC).  This document was rendered for Company F, 15th Infantry Regiment, 3rd Infantry Division, dated 26 April 1953, and shows the applicant's duty status was changed from Present for Duty (DY) to Missing in Action (MIA) near Surang-ni, Korea, effective 25 April 1953.

6.  The applicant provides a DA Form 8-27 (Field Medical Card) which he obtained from the NPRC.  This form shows he was admitted to the 11th Evacuation Hospital (Semi-mobile) on 24 August 1953.  This form shows the applicant was admitted to undergo a physical examination following his release from being a prisoner of war of Communist Forces from 24 April 1953 to 24 August 1953.  The applicant was diagnosed with internal derangement in his left knee and dermatitis of an undetermined type to his neck and face.  The applicant also had an interim diagnosis of "Wound missile penetrating, right knee, thigh, left leg, occipital area, healed, artery or nerve involvement undetermined, enemy grenade, 24 April 1953, Outpost Harry, North Korea."  All of the applicant's maladies were determined to have occurred in the line of duty.  This form also shows the applicant was further evacuated to the 8057th Army Unit, Medical Hold Detachment (Provisional), Inchon Replacement Depot, on the same date.  This further shows the applicant was evacuated to the USNS General John Pope for additional medical treatment and return to the United States.

7.  The applicant provides a DA Form R-5695 (Medical Survey - Master Form, Repatriated American Prisoners of War) which he obtained from the NPRC.  The form shows the applicant underwent a physical examination while aboard the USNS General Pope following his release from being a prisoner of war on 26 August 1953.  The Medical History While in Captivity portion of this form shows the applicant had sustained wounds to his head and at least one extremity.

8.  The applicant provides a Far East Command (FEC) Form 303 (Report of Medical History in Captivity) which he obtained from the NPRC.  The form was 
rendered during the applicant's physical examination while aboard the USNS General Pope.  Item 28 (Wounds) of this form shows that during his capture, the applicant sustained wounds to his head resulting from artillery fire and to his legs resulting from grenades.

9.  The applicant provides a Standard Form 88 (Report of Medical Examination) which he obtained from the NPRC.  The form was rendered during the applicant's physical examination while aboard the USNS General Pope on 26 August 1953.  The Clinical Evaluation portion of this form shows the applicant had a one centimeter fragment wound to the right occipital region of his head, right knee stiffness from a shrapnel wound, a scar over his right ankle, four scars on his right leg, and two scars on his left leg.

10.  The applicant provides eight additional medical documents which he obtained from the NPRC.  Each of these documents was rendered at a military treatment facility and documents the medical treatment that the applicant received for his wounds and other illnesses associated with his capture and imprisonment as a prisoner of war of Communist Forces.

11.  The applicant also provides two letters from the VA showing that he was initially assigned a combined disability rating of 40 percent, which was upgraded to his current disability rating of 100 percent.

12.  The applicant also provides an extract from the digital version of the 1953 Yearbook published by the 15th Infantry Regiment during the Korean War.  The applicant's name appears in Appendix I of this publication, indicating that he was among the Company F personnel reported as killed in action or missing in action after 1 January 1953.

13.  The U.S. Army, Surgeon General's Office, Hospitalization File Listing for the year 1953 shows the applicant was initially hospitalized in Korea on 24 August 1953.  He was subsequently transferred to a U.S. Navy infirmary where he received treatment.  This record shows the applicant was a former prisoner of enemy forces.  His diagnoses included follow-up examinations after operation, injury or disease other than tuberculosis; internal derangement of the knee; and dermatitis.

14.  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.

15.  Section 521a of the National Defense Authorization Act (NDAA) of 1996, authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.  Section 521b specifically stated that award of the Purple Heart for prisoners of war under Section 521a shall be made in accordance with the standards in effect on the date of the enactment of this Act to persons wounded on or after 25 April 1962.

16.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and
27 July 1954.  The service prescribed must have been performed as follows:

   a.  while on permanent assignment;

   b.  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

   c.  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

17.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It stated, in pertinent part, that for item 29, enter chronologically each wound received as a result of enemy action during the period covered by the DD Form 214 being prepared.  Show both place of action if recorded on records available at the time of separation and date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart due to wounds he received as the direct result of a hostile action was carefully considered and determined to have merit.

2.  The preponderance of evidence clearly shows the applicant sustained wounds as a result of hostile action while serving in the vicinity of Surang-ni, Korea, on 24 April 1953.  The applicant was captured and remained a prisoner of war until 24 August 1953.  Upon his release from imprisonment, the applicant received treatment for his wounds in military medical facilities and his treatment was made a matter of official record.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.  Additionally, item 29 of his DD Form 214 should be corrected to show the entry "Surang-ni, Korea, 24 April 1953."

3.  Evidence shows the applicant completed a period of qualifying service for award of the Republic of Korea War Service Medal.  Therefore, he is entitled to award of the Republic of Korea War Service Medal and correction of his records to show this award.

BOARD VOTE:

___X_____  ___X_____  ____X____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20050003071, dated 17 November 2005.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding the applicant the Purple Heart for wounds sustained as the result of a hostile act on 24 April 1953;
   
   b.  adding to item 27 of his DD Form 214 the Purple Heart and Republic of Korea War Service Medal; and
   
   c.  deleting from item 29 of his DD Form 214 the entry "None" and replacing it with the entry "Surang-ni, Korea, 24 April 1953."



      __________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)                                         AR20090005756



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ABCMR Record of Proceedings (cont)                                         AR20090005756



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