IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100014478 


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 to be awarded a Purple Heart and the Bronze Star Medal.  He now requests the Bronze Star Medal and a second Purple Heart be added to his DD Form 214 (Report of Separation from Active Duty).

2.  As a new argument, the applicant states, in effect:

* since he was recommended for award of the Bronze Star Medal for protecting his platoon as they withdrew from a fire fight on Pork Chop Hill it should be added to his DD Form 214
* he should be awarded a second Purple Heart because of wounds sustained in the firefight
* he received a shrapnel wound to his right shoulder
* at the time, he was told removal of the shrapnel could cause paralysis and in time it could work its way out
* he continued to have problems with the wound and had surgery on his shoulder in October 2004

3.  The applicant provides a record of proceedings, a set of orders, a radiology report, a letter addressed to him, a copy of a photograph, and two printed pages describing the battle at Pork Chop Hill.



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 AR20090014079 on 23 February 2010.

2.  In connection with his request for reconsideration pertaining to the award of the Purple Heart, the applicant made a new argument for the award of a second Purple Heart which was not previously considered by the Board.  Therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  His military records could not be located and are presumed to have been destroyed during the fire at the records repository at St. Louis in 1973.  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 available record shows the applicant enlisted in the Regular Army on 3 October 1952.  On 8 October 1955, he was honorably released from active duty in the rank/grade of private first class (PFC)/E-3.

5.  His DD Form 214 shows his significant awards and decorations as the Korean Service Medal with 2 bronze service stars and the Combat Infantryman Badge.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "CONCUSSION OF HEAD  JULY 1953  KOREA."

6.  His record contains Permanent Orders 095-01, issued by Department of the Army Review Boards Agency Support Division, St. Louis, MO, dated 5 April 2010, awarding him the Purple Heart for wounds received as the result of hostile action in July 1953.

7.  His record also contains a DD Form 215 (Correction to DD Form 214), dated 7 April 2010, wherein his DD Form 214 for the period ending 8 October 1955 was corrected to add to item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the "PURPLE HEART//REPUBLIC OF KOREA KOREAN WAR SERVICE MEDAL//REPUBLIC OF KOREA PRESIDENTIAL UNIT CITATION BADGE."

8.  Special Regulation 615-360-1, in effect at the time, required that each wound received as a result of enemy action during the period covered by the DD Form 214 be entered in item 29.

9.  His reconstructed records do not contain official orders awarding him the Bronze Star Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for each award of the Purple Heart requires the submission of substantiating evidence 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.

2.  The entry in Item 29 of the applicant's DD Form 214 shows he received a concussion as a result of enemy action.  On 5 April 2010, he was awarded a Purple Heart for this injury and his DD Form 214 was corrected to show this award.  There is no evidence in his available record and he provided no evidence that shows he received a second wound or injury as a result of hostile action or was treated for such wounds.

3.  Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows he received a second wound or injury as a result of hostile action and was treated for those wounds, there is insufficient evidence upon which to base a second award of the Purple Heart in this case.

4.  With respect to the Bronze Star Medal, there is no evidence in the available records that show the applicant was awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which includes the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

5.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 AR20090014079, dated 23 February 2010.



      __________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)                                         AR20100014478



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ABCMR Record of Proceedings (cont)                                         AR20100014478



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