IN THE CASE OF:	  

		BOARD DATE:  26 July 2012

		DOCKET NUMBER:  AR20120001688 


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 the Purple Heart.

2.  The applicant states he was wounded on 15 June 1953 in Korea.

   a.  He was treated at a field hospital.  The doctor who treated him told him that the shrapnel could not be removed at that medical treatment facility and the doctor sent him back to the front.

   b.  He states the medical records he now provides confirm there is a foreign metal object in his chest.

3.  The applicant provides a copy of his medical records and Department of Veterans Affairs (VA) letters.

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 AR20070012710, on 25 January 2008.  (At the time, the applicant's records were not available and the previous consideration was based upon the applicant's discharge document.)


2.  The applicant was inducted on 1 December 1952.  He was awarded military occupational specialty 111.70 (Light Weapons Infantryman).

3.  The applicant's DA Form 24 (Service Record) covering the period 
1 December 1952 to 9 January 1957 shows in:

   a.  section 5 (Service Outside Continental United States (CONUS)) he:

* departed CONUS on 28 April 1953
* arrived in Korea on 19 May 1953
* departed Korea on 25 July 1954
* arrived in CONUS on 10 August 1954

   b.  section 8 (Wounds Received Through Enemy Action):  no entry; and
   
	c.  section 9 (Medals, Decorations, and Citations):  the Purple Heart is not listed.

4.  A DD Form 214 (Report of Separation from the Armed Forces of the United States) shows the applicant was inducted into the Army of the United States on 
1 December 1952 and he was honorably discharged on 30 January 1954 to enlist in the Regular Army (RA).  He completed 1 year and 2 months of net active service.  It also shows in:

	a.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* Korean Service Medal with bronze service star
* United Nations Service Medal
* Combat Infantryman Badge
* National Defense Service Medal

   b.  item 28 (Most Significant Duty Assignment):  Company L, 17th Infantry Regiment (Korea); and

   c.  item 29 (Wounds Received as a Result of Action with Enemy Forces):  "None."

5.  The applicant enlisted in the RA on 31 January 1954.

6.  A Standard Form (SF) 89 (Report of Medical History), completed by the applicant as part of his separation physical examination on 23 November 1956, shows in:
	a.  item 20 (Have you ever had or have you now?), he indicated "No" pain or pressure in chest; and

	b.  item 35 (Have you consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years?), he indicated "No"; and

	c.  The applicant also placed his signature on the document.

7.  An SF 88 (Report of Medical Examination), completed by the examining physician on the occasion of the applicant's separation physical examination on 23 November 1956, shows in:

	a.  the Clinical Evaluation section, item 28 (Lungs and Chest), the physician indicated "Normal"; and

	b.  he found the applicant qualified for general military duty.

8.  A DD Form 214 shows the applicant entered active duty this period on 
31 January 1954, he was honorably released from active duty on 9 January 1957 based on early release of overseas returnee, and transferred to the U.S. Army Reserve.  He completed a total of 4 years, 1 month, and 9 days of net active service.  It also shows in:

	a.  item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Army of Occupation Medal with Germany Clasp
* Army Good Conduct Medal
* United Nations Service Medal
* Korean Service Medal with 1 bronze service star
* Combat Infantryman Badge
* Republic of Korea Presidential Unit Citation

   b.  a DD Form 215 (Correction to DD Form 214) corrected this DD Form 214 to add award of the Republic of Korea Korean War Service Medal; and
   
   c.  item 27 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows:  "None."



9.  There are no orders or other evidence in the applicant's military service records that show he was awarded the Purple Heart.

10.  A review of the Korean Casualty Roster confirmed the applicant's name is not on the roster.

11.  In support of his request, the applicant provides the following documents.

	a.  Medical records that include Radiology and Progress Reports spanning the period 15 April 2010 to 17 January 2012 that show the applicant was diagnosed with a small (round pellet-like) metallic foreign body within the soft tissues of the left lateral chest wall; and

	b.  VA letters, dated 20 and 26 October 2010, that show he was granted service connection for a metallic foreign body within the soft tissue of the left lateral chest wall.

	 	(1)  The VA letters also show "Although this injury is not shown in your service treatment records, your outpatient treatment records from Augusta VA Medical Center show a metallic foreign body in your left chest and your DD Form 214 shows you have a Combat Infantryman Badge."

	 	(2)  The letters show "The examiner opined it is at least as likely as not that this occurred while you were in the military as you denied any other injuries or trauma post military service that might have caused you to retain a metallic  foreign object to the affected area."

12.  Army Regulation 600-8-22 (Military Awards) provides the policy, criteria, and administrative instructions concerning military awards and decorations.  It shows 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his request for award of the Purple Heart should be reconsidered because the medical records he provides confirm there is a foreign metal object in his chest.



2.  The cotemporary medical records the applicant now provides, that were prepared more than 57 years after the applicant's service in Korea, provide insufficient evidence to show he was wounded in action in Korea on 15 June 1953.

3.  In order to support awarding an individual the Purple Heart it is necessary to establish that the individual was wounded in action, the wound for which the award is being made required treatment by medical personnel, and the medical treatment for the wound or injury received in action must have been made a matter of official record.

4.  There is no evidence available to satisfy the strict requirements for award of the Purple Heart.

   a.  Specifically, there is no evidence he was wounded in action, there is no record of medical treatment, and the applicant's name is not listed on the Korean Casualty Roster.  In addition, there is no evidence the applicant was awarded the Purple Heart.

   b.  At the time of the applicant's separation medical examination, he denied any pain or pressure in his chest.  More importantly, at that time, he indicated he had not consulted nor had he been treated by medical personnel within the last
5 years.

5.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart.

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

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 AR20070012710, dated 25 January 2008.




      __________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)                                         AR20120001688



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ABCMR Record of Proceedings (cont)                                         AR20120001688



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