IN THE CASE OF:	  

		BOARD DATE:	  17 February 2010

		DOCKET NUMBER:  AR20100007494 


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 Member of Congress, reconsideration of his earlier request for award of the Purple Heart.

2.  The Member of Congress states that the evidence suggests that in September 1950, the applicant was transferred from an aid station to the 118th Station Hospital in Japan where he was treated with an "Amytel Interview."  This treatment was for trauma patients and assisted in accessing his repressed or unconscious material, such as feelings and memories.  It appears that the 118th Hospital felt his injuries were serious enough to transport him to the 361st Station Hospital in Tokyo, Japan, on 25 September 1950.  He fully recovered and went on to serve 21 more years including service in Vietnam.  In reviewing the criteria for award of the Purple Heart, the applicant appears to meet the criteria as his concussion injuries were caused by enemy-generated explosions, his condition required treatment, and his treatment was documented as a matter of official record.  The Member of Congress adds that because the Board's prior focus was on his claim for shrapnel on his left leg, he requests reconsideration of the applicant's percussion injury to determine if it meets the criteria for award of the Purple Heart. 

3.  The Member of Congress provides in support of the applicant's request, a copy of the applicant's previously submitted Standard Form (SF) 509 (Clinical Records-Doctor's Notes), dated 25 September 1950; a copy of the applicant's previously submitted SF 600 (Health Records-Chronological Record of Medical Care), dated 25 September 1950; and a copy of a Study of Psychiatry in the Army - Lessons for Community Psychiatry.  
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 AC96-08961A, on 7 May 1997.

2.  The applicant submitted a new argument in the form of a statement by his Member of Congress that he suffered a concussion in Korea, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and, as an exception to policy, warrants consideration by the Board.

3.  The applicant's records show he enlisted in the Regular Army (RA) for a period of 5 years at Fort Riley, KS, on 13 December 1947.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 3581 (Signal Storage Specialist).  He was subsequently assigned to the 505th Airborne Infantry Regiment, Fort Bragg, NC.

4.  The applicant's records also show he departed Camp Stoneman, CA, on 18 July 1949 and arrived in Yokohama/Yokosuka on 31 July 1949.  He then departed Yokosuka, Japan on 15 July 1950 and arrived at Pohang, Korea on 18 July 1950.  He was ultimately assigned to Company E, 5th Cavalry Regiment.

5.  The applicant's DA Form 24 (Service Record) shows he was reassigned to the 118th Station Hospital on 13 September 1950.  However, there is no indication of the exact reason for this reassignment and there is no indication that he suffered a combat injury/wound.

6.  The applicant's records further show he was transferred from the 118th Station Hospital to the 361st Station Hospital, Tokyo, Japan, on 20 September 1950.  While at the 361st Station Hospital, the applicant underwent an “Amytal” interview (a method used in the treatment of psychiatric disorders).  During this interview, the applicant related the following:

He got shrapnel in his left leg but an aide man took care of him so he was not hospitalized.  He then retreated from fighting at Yongdong and retreated again to a river bed in heavy fighting where the company commander and executive officer were shot.  He then rescued the company commander and went back to the Nakong River where he encountered lots of artillery fire and lost half of his company.  He also had 2 bonzai attacks from the front and the back as well as lots of mortar shelling.  One of the shells fell on the edge of his foxhole and blew him out of it.  
7.  The applicant’s medical form shows the attending psychiatrist indicated that the applicant was admitted to the 361st Station Hospital from the 118th Station Hospital following 2 months of combat as a rifleman with the 5th Cavalry Regiment.  He was one of the first groups in Korea and he immediately went to the front line in the Taejon battle area.  He talked only after an “Amytal” interview. He also indicated that the cause of admission at the 361st Station Hospital as "conversion reaction, acute, severe, and manifested by aphonia, deafness, headache, anorexia, and insomnia; predisposition, undetermined; stress, severe (about 2 months' combat duty in Korea); incapacity, moderate."  However, there is no indication that he suffered a combat injury or was treated for a combat injury.  [Conversion reaction is an unexplained neurological disorder; aphonia is inability to speak; anorexia is lack of appetite; and insomnia is difficulty initiating and/or maintaining sleep].

8.  The applicant's records further show he was reassigned to the Yokohama Signal Deport, 8084th Army Unit, on 2 October 1950 and returned to the United States on or about 1 December 1951.  He was honorably separated at Fort Riley, KS, on 11 February 1952.  The DD Form 214 (Report of Separation from the Armed Forces of the United States) he was issued shows he completed 4 years, 1 month, and 19 days of creditable active military service, of which 1 year, 4 months, and 17 days was foreign service.  This form also shows the following entries:

	a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army of Occupation Medal (Japan), the Combat Infantryman Badge, and the Korean Service Medal with one bronze service star.  Item 27 does not show award of the Purple Heart or the Good Conduct Medal.

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

9.  Section 8 (Wounds Received through Enemy Action) of the applicant's DA Form 24 shows a blank entry.  Additionally, Section 21 (Medals, Decorations, and Citations) of this form does not show award of the Purple Heart.  

10.  The applicant’s records do not contain orders awarding him the Purple Heart. Additionally, the applicant's name is not shown on the Korean Casualty File.

11.  The applicant's records further show he reenlisted in the RA on 12 February 1952 and subsequently served through multiple reenlistments in various positions, within and outside the continental United States, and attained the rank/grade of staff sergeant (SSG)/E-6.  

12.  The applicant's records also show that he was issued multiple DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge); however, none listed award of the Purple Heart.  Additionally, he was issued multiple DA Forms 20 (Enlisted Qualification Record); however, none listed a combat injury in item 40 (Wounds). 

13.  The applicant was ultimately retired on 31 March 1972 and placed on the retired list in the rank/grade of SSG/E-6 on 1 April 1972.  He was credited with completing 24 years, 3 months, and 11 days of honorable and faithful active service.

14.  The applicant's Member of Congress submitted a copy of a study of psychiatry in the Army, specifically during the Korean invasion (25 June 1950 to 15 September 1950), in which the authors of this study describe the challenges of applying psychiatry in a combat zone during the Korean war.  Commanders at the time did not view psychiatric treatment as a combat multiplier mainly due to tactical and/or logistical issues.  The study further shows how Army psychiatrists assumed some disorders to be psychological in nature and developed forms of short-term psychotherapy to restore Soldiers to the fighting lines.  The study concludes that had psychiatry been fully utilized at the front line instead of sending troops back to Japan, a high percentage of those troops would have been found fit for duty instead of the more acceptable norm of allowing those troops to work in general service with a waiver for duty in Japan.  

15.  The official National Institute of Health makes the following definitions:

	a.  The amytal interview, also known as the "truth serum," is a method used in the treatment of psychiatric disorders.  Amytal temporarily mitigates neurosis and restores non-aggressive dominancy.  It is essentially a psychoactive medication (Amytal Sodium) used to obtain information from subjects who are unable or unwilling to provide it otherwise.  However, according to prevailing medical thought, information obtained under the influence of intravenously-administered Sodium Amytal can be unreliable as the individual mixes fact and fantasy in that context.  Some observers also feel that this medication does not increase truth-telling, but merely increases talking; hence, both truth and fabrication are more likely to be revealed in that construct.  

	b.  A concussion is a type of brain injury in the most minor form.  Technically, a concussion is a short loss of normal brain function in response to a head injury, but people use the term to describe any minor injury to the head or brain. Concussions are a common type of sports injury.  An individual can also suffer from one if he/she suffers a blow to the head or if hit in the head after a fall.  After a concussion, a person may have a headache or neck pain.  An individual may also experience nausea, ringing in the ears, dizziness, or tiredness. 

	c.  A conversion disorder is a condition in which a person has blindness, paralysis, or other nervous system (neurologic) symptoms that cannot be explained.  Symptoms usually begin suddenly after a stressful experience. People are more at risk for a conversion disorder if they also have a medical illness, dissociative disorder, or personality disorder.  Symptoms of a conversion disorder include the loss of one or more bodily functions, such as blindness, inability to speak, numbness, and/or paralysis.  Diagnostic testing does not find any physical cause for the symptoms.

	d.  Combat stress (previously known as shell shock or battle fatigue) is a military term used to categorize a range of behaviors resulting from the stress of battle which decrease the member's fighting efficiency.  The most common symptoms are fatigue, slower reaction times, indecision, disconnection from one's surroundings, and inability to prioritize.  Combat stress reaction is generally short-term and should not be confused with acute stress disorder or post traumatic stress disorder, or other long-term disorders attributable to combat stress although any of these may commence as a combat stress reaction.

16.  The Purple Heart was established by General George Washington at Newburgh, NY, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per WD General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed below.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  
	a.  Example of enemy-related injuries which justify the award of the Purple Heart include injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by an enemy placed land-mine, naval-mine, or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; concussion injuries caused as a result of enemy generated explosions.

	b.  Examples of injuries or wounds which do not qualify for award of the Purple Heart include frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds (e.g., a Soldier accidentally fires their own gun and the bullet strikes their leg), except when in the heat of battle, and not involving gross negligence; post traumatic stress disorder; and jump injuries not caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.   

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole the justification for the award.  

3.  In this case, the available evidence suggests the following:

	a.  With respect to the amytal interview, the available evidence shows the applicant underwent this treatment technique to procure diagnostic- or therapeutic- information and to provide him with a functional respite from the disturbances or disorders he was suffering from.  However, there is no documentary evidence to collaborate the information he provided while undergoing this treatment. 

	b.  With respect to the applicant's psychological and/or mental disorders, the available evidence shows the applicant may have suffered from battle fatigue or 

combat stress, as evidenced by his symptoms of conversion reaction, manifested by aphonia, deafness, headache, anorexia, and insomnia, which may have necessitated his transfer to Japan for psychological treatment.  However, by regulation, battle fatigue, post traumatic stress disorder, and/or any disease not directly caused by enemy agents does not qualify for award of the Purple Heart.

	c.  With respect to the concussion, there is no clear indication in the available evidence that the applicant suffered a concussion or one that was caused as a result of enemy-generated explosions.  The fact that he was diagnosed with deafness or headache does not remotely correlate to a concussion resulting from enemy-generated explosions.  

4.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  In this case, the applicant's name is not shown on the Korea Casualty File; his records do not indicate any combat wounds and are void of any orders that show he was awarded the Purple Heart; and there is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds.  

5.  Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, 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

________  ________  ________  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 AC96-08961A, dated 7 May 1997.




      _______ _   _______   ___
               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)                                         AR20100007494



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ABCMR Record of Proceedings (cont)                                         AR20100007494



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