IN THE CASE OF:	  

		BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110014245 


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 an earlier request for the Purple Heart.

2.  The applicant states:

	a.  it's true he signed the DD Form 214 (Report of Separation from the Armed Forces of the United States) in October 1954 after reviewing line 29 (Wounds Received as a Result of Action with Enemy Forces) with the entry "NONE."  At that time he told them of his wound to the face and they said it was not serious enough for the Purple Heart so he signed the DD Form 214 and he was discharged that day.  He enclosed that DD Form 214 with his original request.

	b.  some years ago he requested a "revised" copy of his DD Form 214 from the National Personnel Records Center.  He enclosed the "revised" DD Form 214 with his request for reconsideration.

	c.  under the new revised rules for the Purple Heart he believes he is entitled to the award.

	d.  for the past year he has been treated for myelodysplastic syndrome (MDS), a form of leukemia.  




3.  The applicant provides:

* A copy of his "revised" DD Form 214
* Newspaper article on revised Purple Heart rules
* Letter, dated 12 May 2011, from his physician

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 AR20100025467, on 28 April 2011.

2.  He provided a copy of his "revised" DD Form 214 which shows the entry 
"53 Kumwha Valley" in item 29.

3.  He provided a newspaper article on the revised Purple Heart rules.  In summary, the article states the Army will allow more battlefield concussions to be eligible for a Purple Heart.   

4.  He also provided a letter from his physician who attests the applicant is being treated for MDS.  

5.  The documentation provided by the applicant is new evidence that will be considered by the Board. 

6.  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.  

7.  The DD Form 214 contained in his service personnel records shows he enlisted in the Regular Army on 9 October 1951 for a period of 3 years.  He served in Korea and he was honorably discharged on 8 October 1954.

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 contained in his service personnel records does not show the Purple Heart as an authorized award.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "NONE."

9.  There are no orders for the Purple Heart in the available records.  

10.  His name does not appear on the Korean casualty roster.

11.  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.  

12.  Army Regulation 635-5 (Separation Documents) states that a DD Form 214 will not be reissued unless directed by proper appellate authority unless it is determined that the original DD Form 214 cannot be properly corrected by the issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215 (Correction to DD Form 214) or when two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  He contends he was issued a "revised" DD Form 214 after his discharge.  However, the governing regulation states that a DD Form 214 will not be reissued unless directed by proper appellate authority; unless it is determined that the original DD Form 214 cannot be properly corrected by the issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; or when two DD Forms 215 have been issued and an additional correction is required.   

2.  The DD Form 214 provided by the applicant for this review shows the entry "53 Kumwha Valley" in item 29.  The DD Form 214 provided by him with his original request and the form contained in his service personnel records show the entry "NONE" in item 29.  It appears the DD Form 214 provided by the applicant was altered subsequent to its issuance on 8 October 1954.  

3.  The governing regulation states the Purple Heart is awarded for a wound sustained as a result of hostile action.

4.  There are no orders for the Purple Heart in the available records.  There is also no evidence in his reconstructed records that shows he was wounded or injured as a result of hostile action in Korea.  Regrettably, there is insufficient evidence to support award of the Purple Heart in this case.



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 AR20100025467, dated 28 April 2011.




      _______ _  _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)                                         AR20110014245





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ABCMR Record of Proceedings (cont)                                         AR20110014245



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