BOARD DATE:   10 April 2012

		DOCKET NUMBER:  AR20110019630 


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:

	a.  He was a combat medic in Medical Company, 2d Battalion,
5th Cavalry Regiment, 1st Cavalry Division, in Korea.  In October 1951, he was reassigned to F Company as a rifleman because of a severe loss of men in that company.  On 28 October 1951, he received a severe concussion and other wounds in an area known as Kycho-Dong, Korea.  He received shrapnel in his right arm, right shoulder, right thigh, and a rather bad laceration to his right wrist from a fragmentation grenade that landed directly under his face.  He was treated at a medical aid station and returned to his unit.

	b.  He assumes documentation of his wounding was at the aid station but he heard all records were lost when the aid station was later destroyed.

	c.  He has tried to get the above error corrected by working with the Department of Veterans Affairs for several years.  Now his hearing has gotten bad.

3.  The applicant provides copies of two witness statements and Purple Heart orders for one of the witnesses.


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 his 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's DD Form 214 shows he was inducted into the Army of the United States on 26 August 1951.  This form also shows he held a medical specialty at the time of his separation and his most significant duty assignment was in Medical Company, 5th Cavalry Regiment. 

4.  His DD Form 214 further shows he completed 1 year, 11 months, and 
15 days of creditable active military service, of which 1 year, 6 months, and 
14 days were foreign service.  He was honorably released from active duty on 
10 April 1953.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with two bronze service stars, Army of Occupation Medal (Japan), United Nations Service Medal, and the Combat Medical Badge.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

7.  His medical records are not available for review with this case and his name is not shown in the Korean Casualty File.

8.  His record does contain a Standard Form 88 (Report of Medical Examination) dated 10 April 1953.  Item 39 (Identifying Body Marks, Scars, Tattoos) is notated "Small SF (shell fragment) wound right arm."

9.  In support of his request, he provides:

	a.  A 9 August 2011 statement from an individual who states he was a member of F Company, 2d Battalion, 5th Cavalry, 1st Cavalry Division, on 
28 October 1951, near Hycha-Dong, Korea.  The company was subject to heavy mortar and hand grenade bombardment, as well as small arms fire.  He states the applicant received shrapnel wounds from the mortar and grenade explosions. Many others received fatal wounds.  The applicant and two other Soldiers were sent to the 2d Battalion Aid Station where they were treated for their wounds and possible concussions.  The applicant was later returned to duty. 

	b.  A 30 July 2011 statement from another individual who states he too was a member of F Company, 2d Battalion, 5th Cavalry Regiment, 1st Cavalry Division. The unit was on a mission to take Hill 200, commonly known as" Pork Chop Hill." He and several other Soldiers came under heavy small arms fire and grenades.  A grenade landed in a trench close to him and the applicant.  When the grenade exploded, the applicant was hit in the right shoulder and legs, and he was hit in the right arm and face.  The explosion and concussion resulted in hearing loss for both of them.  The applicant took the brunt of the explosion.  Later that day, he and another Soldier were wounded while operating a machinegun.  They were taken to the aid station.   While there, the aid station came under fire.  They left the aid station and at a check point, he remembers seeing the applicant dazed and confused.  He indicates no records were recovered from the burned-out aid station.

	c.  General orders showing the Soldier making the statement in paragraph 9b above was awarded the Purple Heart for wounds received in action on
28 October 1951.
 
10.  Army Regulation 600-8-22 (Military Awards) provides 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 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart as he was wounded in Korea on 28 October 1951.

2.  While the evidence shows the applicant has a scar from a shell fragment wound on his right arm, there is no official record to verify the applicant was treated for this wound.

3.  Notwithstanding his sincerity or that of the two witnesses, in the absence of official documentary evidence that shows he was treated and treated due to enemy fire, regrettably, there is insufficient evidence upon which to correct his DD Form 214. 

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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20110012948



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ABCMR Record of Proceedings (cont)                                         AR20110019630



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