BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100013113 


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 request to be awarded the Purple Heart.

2.  The applicant states that he should have been awarded the Purple Heart for wounds suffered as a Prisoner of War (POW) during the Korean War in 1950.  He goes on to state that he was taken as a POW by the North Koreans who tortured him and other Soldiers; however, he was never awarded the Purple Heart for the wounds he sustained as a POW.  He also states that it was not until the Board corrected his records that his status as a POW was added to his records.

3.  The applicant provides:

* A one-page letter explaining his application
* A copy of a morning report dated 17 September 1950 showing that he was reported as missing in action (MIA) effective 14 September 1950
* A copy of a Western Union Telegram informing his next of kin that he had been returned to military control on 19 September 1950
* A copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* A copy of his DD Form 215 (Correction to DD Form 214)
* Copies of a Compensation and Pension Exam Report from the Department of Veterans Affairs (VA)


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 AR20090008248, on 8 October 2009.

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.

3.  The applicant enlisted in the Regular Army in Cincinnati, Ohio on 15 June 1949 for a period of 3 years.  He completed his training as a medical technician at Fort Sam Houston, Texas.

4.  On 31 March 1950, while assigned to the 9963d Troop Support Unit, he was admitted to Valley Forge General Hospital in Phoenixville, Pennsylvania and was diagnosed as having dermatophytosis of the feet (severe athlete’s foot).  He was discharged to duty on 19 April 1950.

5.  While it cannot be determined with any degree of certainty the dates he served in Korea, the available records show that he was assigned to the 9th Infantry Regiment as a medic.

6.  On 18 September 1950 he was treated at the 15th Field Artillery Battalion Aid Station as a returning POW for physical exhaustion.  Later in the day he was transferred to the 9th Collection Station.  On 21 September 1950, a physician in the 8054th Evacuation Hospital ordered X-rays to be taken of the applicant’s feet and ankles for possible fractures because the applicant had bruised feet.  The results of the x-rays are not present in the available records; however, the applicant was returned to duty on 28 September 1950.  On 24 March 1951, he was admitted to the 3d Station Hospital for an anxiety reaction.  He was returned to duty on 25 March 1951.

7.  On 13 August 1952, the applicant underwent a medical examination at Letterman Army Hospital, San Francisco, California for the purpose of discharge.  There were no abnormalities listed on the examination and he was found fit for general military service.

8.  On 16 August 1952, he was honorably discharged at Letterman Army Hospital.  He had served 3 years, 2 months and 2 days of total active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the Combat Medical Badge, the Korean Service Medal with one silver service star, and the United Nations Service Medal.

9.  On 2 September 2004, the Board directed that his records be corrected to show that he was awarded the POW Medal and the National Defense Service Medal.

10.  On 8 October 2009, the Board denied his request for award of the Purple Heart based on the lack of sufficient evidence to establish that he was wounded or injured as a result of enemy action and that treatment was required for such injuries.

11.  The VA Compensation and Pension Exam Report provided by the applicant with his application indicates on the last page that the veteran’s current disabilities are not consistent with the injuries he described as having sustained while a POW.  There is no evidence of residual scars from burns and no tissue loss on any aspect of either foot.

12.  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 by medical personnel, and the medical treatment must have been made a matter of official record.  For those who became Prisoners of War during World War II, the Korean War and before and after 25 April 1962, the Purple Heart may be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual to the Department of the U.S. Army of an affidavit that is supported by a statement from a witness, if this is possible.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was wounded/injured while being held as a POW is not in doubt, there simply is not sufficient evidence in the available records to support his claim.

2.  There simply is insufficient evidence to show that he was wounded or injured as a result of enemy action and that the treatment made for such wounds/injuries were made a matter of record.

3.  The documents submitted by the applicant as additional evidence to be considered by the Board simply do not substantiate his claim.  Therefore, in the absence of sufficient evidence to show such, there appears to be no basis to grant his request at this time.

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 to amend the decision of the ABCMR set forth in Docket Number AR20090008248, dated 8 October 2009.

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 the United States during the Korean War.  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)                                         AR20100013113





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ABCMR Record of Proceedings (cont)                                         AR20100013113



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