BOARD DATE:	  31 January 2012

		DOCKET NUMBER:  AR20110015585 


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 an additional Purple Heart.

2.  The applicant states, in effect, that in addition to the wound to his knee, his medical records show he received a concussion and shrapnel wounds to his face.

3.  The applicant provides copies a 1951 medical record and two 2009 Department of Veterans Affairs (VA) Progress Notes. 

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.  It is believed that the applicant's military personnel records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from his service medical records and his DD Form 214 (Report of Separation from the Armed Forces of the United States).  

3.  The available records show he enlisted in the Regular Army on 20 September 1947.  He arrived in Korea in February 1948 with assignment to Companies B, G, and M, of the 31st Infantry Regiment, 7th Infantry Division.  He was a prisoner of war (POW) for two days, the 2nd and 3rd of December 1950.

4.  The applicant's DD Form 214 shows he was released from active duty on 15 October 1951 with 4 years and 18 days of creditable service and provides the following at:

	a.  item 28, foreign service for a period of 2 years, 10 months and 17 days;

	b.  item 29, award of the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, and the Purple Heart; and 

	c.  item 30, he received a bullet wound to the left knee on 28 November 1950 at Chinju Reservoir, Korea.

5.  Multiple medical documents show the applicant was treated for a gunshot wound to his left knee and slight frostbite to his feet, sustained on 28 November 1950; and a concussion from a mortar blast with shrapnel to his face and bleeding from his nose, sustained on an unspecified after 28 November but prior to 15 January 1951.  

6.  In the development of this case a search of the health record research project records, commonly referred to as the "SGO Files", was made.  These records involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  It was widely believed that they are a valuable substitute for the records lost in the NPRC fire of 1973.  A search of these files found two entries for the applicant's gunshot wound to his left knee and two for treatment for slight frostbite.  All four entries show the injuries were incurred as a direct result of enemy action.  The reports also state that the applicant is a former POW. 

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received during World War II and Korea.  This document shows that while the applicant was assigned to the 31st Infantry Regiment in Korea, it was cited for award of the Republic of Korea Presidential Unit Citation.  

8.  Army Regulation 600-45, which governed the award of Army decorations, stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An "element" pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.  

9.  Army Regulation 600-8-22 (Military Awards), provides that:

	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.  a Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon;  

	c.  not more than one award of the Purple Heart will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent; 

	d.  the Prisoner of War Medal was authorized by Public Law 99-145 , 10 USC 1128, 8 November 1985, as amended by, 10 USC 1128, 1989.  It is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917

	e.  the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954; 

	f.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954;

	g.  the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal; and
	h.  the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto; and 

	i.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Korean Service Medal.  Based on the applicant's dates of service in Korea, Appendix B indicates he participated during the following seven campaign periods:  UN Defensive, 27 June - 15 September 1950; UN Offensive, 16 September - 2 November 1950; CCF Intervention, 3 November 1950 - 24 January 1951; First UN Counteroffensive, 25 January - 21 April 1951; CCF Spring Offensive, 22 April - 8 July 1951; UN Summer-Fall Offensive, 9 July - 27 November 1951; and Second Korean Winter, 28 November 1951 - 30 April 1952.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that in addition to the wound to his knee, his medical records show he received a concussion and shrapnel wounds to his face.

2.  The applicant was wounded in the left knee on 28 November 1950 and appears to have been awarded the Purple Heart for this wound.  This award is noted on his DD Form 214.

3.  The applicant's medical records show he was treated for slight frostbite.  A Purple Heart was authorized only for severe frostbite.  Therefore, although it was a combat incurred injury, it does not meet the requirements for award of an additional Purple Heart.

4.  The medical treatment records show that an unspecified date after 28 November 1950 and prior to 15 January 1951, the applicant sustained a concussion from a mortar blast with shrapnel wounds to his face and bleeding from his nose.  He was hospitalized for this condition and is entitled to award of the Purple Heart for these injuries.  The concussion and the shrapnel wounds were caused by the same force or agent and as such warrants only a single award of the Purple Heart. 
5.  The applicant was a POW in 1950.  At that time of his service the Prisoner of War Medal did not exist.  Under the revised regulations the applicant is now entitled to award of the Prisoner of War Medal.

6.  The applicant served during the period and in the area for which the National Defense Service Medal, Korean Service Medal, United Nations Service Medal, and Republic of Korea War Service Medal were authorized.  His DD Form 214 does not show these awards.

7.  The applicant served in Korea during 7 campaign periods and is entitled to wear one silver and two bronze service stars on the Korean Service Medal and his unit was authorized the Republic of Korea Presidential Unit Citation. 

8.  Based on the above facts and findings the applicant's DD Form 214 should be corrected by deleting the entries at item 29 and replacing them with the Purple Heart Medal (2nd award), Prisoner of War Medal, Army of Occupation Medal with Japan Clasp, National Defense Service Medal, Korean Service Medal with one silver and two bronze service stars, United Nations Service Medal, Republic of Korea War Service Medal, the Republic of Korea Presidential Unit Citation, and the Combat Infantryman Badge.

BOARD VOTE:

___x_____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him Purple Heart Medal (2nd award), Prisoner of War Medal, National Defense Service Medal, Korean Service Medal with one silver and two bronze service stars, United Nations Service Medal, Republic of Korea War Service Medal, and the Republic of Korea Presidential Unit Citation. 

	b.  deleting all entries at item 29 on his DD Form 214; and 
	c.  showing, at item 29 on his DD Form 214, his awards as the Purple Heart Medal (2nd award), Prisoner of War Medal, Army of Occupation Medal with Japan Clasp, National Defense Service Medal, Korean Service Medal with one silver and two bronze service stars, United Nations Service Medal, Republic of Korea War Service Medal, the Republic of Korea Presidential Unit Citation, and the Combat Infantryman Badge.



      _______ _  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)                                         AR20110015585





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ABCMR Record of Proceedings (cont)                                         AR20110015585



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