IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100019733


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 award of the Purple Heart.

2.  The applicant states he was wounded in action on 3 January 1953 at Heartbreak Ridge.  He adds he was never treated because his wound was not serious and other more seriously wounded Soldiers demanded the attention of the medics.

3.  The applicant provides:

* his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* a letter, dated 18 May 2010, from a former comrade-in-arms
* a copy of a newspaper article titled "Medic Finds Twin Mortally Wounded"
* a 29 July 2009 newspaper article from the Stoddard Countian Newspaper, Stoddard County, Bloomfield, MO

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

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, this case is being reviewed using the documents provided by the applicant in order to conduct a fair and impartial assessment.

3.  The applicant's DD Form 214 shows:

* he was inducted into the Army of the United States on 28 June 1951 at St. Louis, MO
* he held military occupational specialty 1745 (Rifleman)
* he was transferred to Korea and assigned to Company F, 2nd Battalion, 160th Infantry, 40th Infantry Division
* he served overseas 11 months and 25 days
* he was not wounded in action (per Block 29)
* he returned to the US and was mustered out at Camp Crowder, MO on 27 March 1953 in the rank of Corporal

4.  He was awarded the:

* Korean Service Medal with 3 bronze campaign (service) stars
* United Nations Service Medal
* Combat Infantryman Badge
* 1 Overseas Service Bar

5.  During the processing of this case, a member of the Board's staff reviewed the Korean War Casualty Records compiled by the National Archives and Records Administration (NARA).  The applicant's name was not listed among Korean War casualties.

6.  The 18 May 2010 letter submitted by the applicant relates a recollection from a former comrade-in-arms.  The writer states an enemy mortar round struck the unit area and a medic's twin brother was killed.  In that same incident, the applicant was slightly wounded although the writer did not actually see the wounding.
7.  The newspaper article relates the story of the company medic who was treating the wounded and did not realize he was treating his mortally wounded twin brother.

8.  The Stoddard Countian newspaper article relates the applicant's service and states he was wounded in his arm from shrapnel from a mortar round.

9.  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, and the medical treatment must have been made a matter of official record.

10.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Korea.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Korea Presidential Unit Citation for the period 11 July 1952 to 1 October 1953 by Department of the Army General Orders Number 24, dated 1954.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart for wounds he received on 3 January 1953.

2.  There is insufficient evidence to support the applicant's request.  Even the applicant states he was only lightly wounded and his wound was never treated or recorded.  Regulations provide that 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.  Therefore, it appears he did not meet the eligibility criteria for award of the Purple Heart.
3.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

4.  The Board wants the applicant and all others concerned to know that this decision to deny the Purple Heart 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:

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 for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by:

* adding the Republic of Korea War Service Medal and Republic of Korea Presidential Unit Citation to his DD Form 214



      _______ _  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)                                         AR20100019733



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ABCMR Record of Proceedings (cont)                                         AR20100019733



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