IN THE CASE OF:	  

		BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110020846 


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 request for award of a second Purple Heart.

2.  The applicant states:

	a.  He wants to thank the Army Board for Correction of Military Records (ABCMR) for awarding him the Purple Heart and addition of the award to his
DD Form 214 (Report of Separation from the Armed Forces of the United States).

	b.  The period just before his discharge, he was stationed in Yokohoma, Japan, and worked in the 7th Base Post Office.  Before that he spent quite a period of time in the Tokyo General Hospital.  He was in Korea and was too close to an exploding artillery shell.  He was tossed in the air, receiving total body trauma.

	c.  He remembers being flown out of Korea by helicopter.  He was fighting with Company B, 9th Infantry, 2nd Division.  His hospital records must be on file in Tokyo.  He is providing another newspaper clipping.  It does not tell much except that he was promoted from private first class (PFC) to corporal and was sent to Tokyo with this second wound.

   d.  He remembers that he was unable to write at that time and the Red Cross volunteer wrote his parents for him.  He wanted to minimize his injury; therefore, he stated "there was a nerve condition in one arm."  He had been severely injured and wore a body cast for months.  He was excused from wearing the required military buttoned shirt with necktie because of the body cast.
   
   e.  He is also providing a medical profile from the 361st Station Hospital which shows he was sent to Japan unfit for combat duty.  Hopefully, someone can get some facts to reconstruct the middle section of his military record.  This may confirm the second wounding for the Board.  

3.  He provides:

* medical profile
* two newspaper articles with handwritten dates
* DD Form 214

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 ABCMR in Docket Number AR20100026819, on 3 May 2011.

2.  The newspaper article with a handwritten date of 14 September 1950, titled "PFC (the applicant's name) Wounded in Korea" was previously considered by the Board; therefore, it will not be further addressed in these Proceedings.

3.  The second newspaper article with a handwritten date of 5 October 1950, titled "CPL (the applicant's name) Again In Hospital" and the medical profile are new evidence that will be considered by the Board.  

4.  His 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 his records were lost or destroyed in that fire.  However, the documents remaining in a reconstructed record and the documents submitted by the applicant were sufficient for the Board to conduct a fair and impartial review of this case.

5.  The available evidence shows the applicant enlisted in the Regular Army, in pay grade E-1, on 1 September 1949.  He was honorably discharged on 20 December 1952.  He was credited with completing 3 years, 3 months, and 20 days of net active service.



6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* Combat Infantryman Badge
* United Nations Service Medal
* Korean Service Medal with one bronze service star
* Good Conduct Medal

7.  His DD Form 214, item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "SIA Concussion, Korea, 18 September 1950."

8.  There are no orders in his available records that show he was awarded the Purple Heart or a second Purple Heart.  There is no indication in his reconstructed records to show he sustained a second wound/injury as a result of hostile action during his period of service.

9.  He provided a copy of a medical profile, dated 4 October 1950, which shows he was diagnosed with a dissociative reaction and he was found fit for duty to perform general service, with a waiver, in Japan.  He was considered unfit for combat duty.

10.  He also provided a copy of a newspaper article from an unknown source with a handwritten date of 5 October 1950, which stated his parents received a letter from him wherein he stated that he was in the hospital again and he had been wounded on 31 August (1950) in Korea.  The article also stated that he told his parents that a nerve condition in one arm had caused him to be hospitalized.

11.  His name is not listed on the Korean War Casualty List.

12.  On 3 May 2011, the Board recommended awarding the applicant the Purple Heart for wounds received in action on 18 September 1950.  The Board found there was no evidence he met the criteria for award of a second Purple Heart during his period of service.  On 9 August 2011, he was issued orders and a certificate for the Purple Heart.  On 12 August 2011, he was issued a DD Form 215 (Correction to DD Form 214) adding the Purple Heart to item 27 of his 
DD Form 214.

13.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is again awarded for a wound sustained while in action against the 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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to award of a second Purple Heart was carefully considered.  However, by regulation, in order to support award of a second Purple Heart, there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  The available evidence to include the documents the applicant provided are insufficient to show he was wounded or injured as a result of hostile action twice or that he is entitled to a second award of the Purple Heart for his period of service.

3.  Regrettably, absent corroborating evidence confirming his contention the regulatory burden of proof necessary to support award of a second Purple Heart has not been satisfied 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 AR20100026819, dated 3 May 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)                                         AR20110020846



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ABCMR Record of Proceedings (cont)                                         AR20110020846



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