BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120004272
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 previous application for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) by:
* adding the Purple Heart
* changing Block 28 (Most Significant Duty Assignment) to Company L, 180th Infantry Regiment, 45th Infantry Division
2. The applicant states, in effect, he has reviewed the Record of Proceedings (ROP) in his original case and he makes the following comments or asks the following questions.
a. Although the ROP states there was no evidence to corroborate his claim of assignment to Company L, 180th Infantry Regiment, 45th infantry Division, he provided copies of a DA Form 1 (Morning Report) for Company L, 180th Infantry Regiment, 45th infantry Division showing his assignment.
b. The ROP states "
there is an insufficient evidentiary basis for awarding him the Purple Heart (emphasis added)." He never asked for award of the Purple Heart; it was already awarded to him. He asked that it be added to his DD Form 214.
3. The applicant provides:
* a 2-page, typewritten letter, dated 18 January 2012
* DA Form 1, Company L, 180th Infantry Regiment, 45th Infantry Division for 18 July 1953
* DA Form 1, Company L, 180th Infantry Regiment, 45th Infantry Division for 3 August 1953
* an envelope, dated 24 January 1954, with a return address to "Cpl [Applicant], Co. L, 180th Infantry Regiment, APO 86 C/O Postmaster, San Francisco, California"
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 AR2011001272 on
5 January 2012.
2. The applicant has provided new argument which warrants consideration at this time.
3. Official documents DA Forms 1 and personal documents provided by the applicant show he was assigned to Company L, 180th Infantry Regiment, 45th Infantry Division in the Republic of Korea from at least July 1953 to January 1954.
4. The applicant's DD Form 214 shows his most significant duty assignment as "Company B, 526th Armored Infantry Battalion" at Fort Knox, KY. It also shows he was mustered out of active service at Fort Knox on 26 October 1954 and was transferred to the U.S. Army Reserve.
5. Special Regulations Number 615-360-1 (Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. The regulation specifically stated the last unit of assignment would be entered in Block 28 of the DD Form 214, rather than the element of which an individual was a part while moving to a separation point to await separation.
6. As noted in the previous ABCMR case, no Purple Heart orders are available and no medical records are available
7. Army Regulation 600-8-22 (Military Awards) states award of the Purple Heart requires:
* the wound was the result of hostile action
* the wound must have required treatment by medical personnel
* the medical treatment must have been made a matter of official record
8. The applicants name is not on the Korean Casualty File; there is a Soldier listed having the same first name, middle initial, and last name as the applicant, but he has:
* a different service number
* a different military occupational specialty
* a wounding date of 6 February 1952
* New York residency
DISCUSSION AND CONCLUSIONS:
1. The applicant has presented evidence showing he was assigned to Company L, 180th Infantry Regiment, 45th Infantry Division in the Republic of Korea during 1953-1954. This is accepted as his "most significant duty assignment" and his
DD Form 214 should be corrected accordingly.
2. The applicant states he was awarded the Purple Heart for wounds received in Korea; however, the following standard evidence to support this claim is unavailable:
a. there are no orders; all personal decorations require orders;
b. there are no medical records; award of the Purple Heart requires:
* the wound was the result of hostile action
* the wound must have required treatment by medical personnel
* the medical treatment must have been made a matter of official record
c. his name is not on the Korean Casualty File; there is a Soldier listed having the same first name, middle initial, and last name as the applicant, but he has:
* a different service number
* a different military occupational specialty
* a wounding date of 6 February 1952
* New York residency
3. The available evidence is not sufficient to correct the applicants DD Form 214 to show award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__x___ __x______ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20110012721, dated 5 January 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in Block 28 of his DD Form 214 and adding "Company L, 180th Infantry Regiment, 45th Infantry Division."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Purple Heart to his DD Form 214.
_______ _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) AR20120004272
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ABCMR Record of Proceedings (cont) AR20120004272
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