IN THE CASE OF:	

		BOARD DATE:  26 July 2012

		DOCKET NUMBER:  AR20120001438 


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 earlier request for award of the Purple Heart for wounds incurred in combat in the Republic of Korea in 1953.

2.  The applicant states:

* he was granted 20 percent (%) service-connected disability from the Department of Veterans Affairs (VA) (10% for hearing loss and 10% for tinnitus) – his claim was based on his hearing loss
* the Purple Heart eligibility criteria was expanded to include those who suffered concussion injuries caused by enemy action
* during his combat service in the Republic of Korea, from late March to    27 July 1953, he was subjected to enemy artillery fire on a constant, daily basis
* the Board should reconsider his request based on the new award criteria and his hearing loss

3.  The applicant provides:

* an extract of his VA rating decision, dated 6 October 2009
* a letter to the Artillerymen of the 3rd Infantry Division, dated 18 June 1953
* an article from Newsweek magazine, dated 27 July 1953, titled "Bloody Red Drive Southward Ends with Truce Hopes High"
* an article from the Chicago Daily News newspaper, dated 15 July 1953, titled "Red Assault Rolling"
* an article from an unknown newspaper, undated, titled "Survivors Tell Fall of 300 Yanks in Trap"
* several black and white photographs depicting combat operations in the Republic of Korea
* an extract of Army Regulation 600-8-22 (Military Awards), dated              11 December 2006

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 AR20110011437, dated 29 November 2011.

2.  The applicant provides several newspaper articles and photographs that originated during the period of the Korean War that constitute new evidence; therefore, this new evidence warrants consideration by the Board.

3.  The applicant's complete military records are not available 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, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

4.  The applicant was inducted into the Army of the United States on 6 August 1952.  He served in the Republic of Korea; however, his dates of foreign service are not available.

5.  On 22 June 1954, he was honorably released from active duty.  His DD Form 214 (Report of Separation from the Armed Forces of the United States):

* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not indicate he was previously awarded the Purple Heart
* Item 29 (Wounds Received as a Result of Action with Enemy) contains the entry "NA" (non-applicable), indicating he had no recorded combat wounds during his period of service in the Republic of Korea

6.  His available record does not contain orders for the Purple Heart.  

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

8.  He provides several newspaper articles and photographs that originated during the period of the Korean War, depicting combat operations in the Republic of Korea; however, none of the provided evidence shows he suffered a concussive injury from combat.  

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  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.

10.  Army Regulation 600-8-22 defines a wound as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

* injuries caused by enemy bullet, shrapnel, or other projectile created by enemy action
* injuries caused by enemy placed mine or trap
* injuries caused by enemy released chemical, biological, or nuclear agent
* injuries caused by vehicle or aircraft accident resulting from enemy fire
* concussion injuries caused as a result of enemy generated explosions
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his earlier request for award of the Purple Heart was carefully considered.

2.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  His record is void of any official Army documentation that shows he was wounded, his wounds were the result of hostile action, were treated by medical personnel, or that such treatment was made part of the official record.  

4.  In view of the foregoing, there is still an insufficient basis in which to grant award of the Purple Heart.
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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110011437, dated 29 November 2011.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20090012380



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ABCMR Record of Proceedings (cont)                                         AR20120001438



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