IN THE CASE OF:	  

		BOARD DATE:  16 October 2012

		DOCKET NUMBER:  AR20120006927 


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 petition for award of the Purple Heart.

2.  The applicant states he should have received the Purple Heart for the injuries he sustained in the Republic of Korea.  He claims he was struck by shrapnel in his left leg by the same shrapnel that hit his right leg.

3.  The applicant provides:

* five pages of a Department of Veterans Affairs (VA) Rating Decision
* a note from the 1st Battalion Aid Station
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* a newspaper article
* a self-authored statement

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 AR20110008328, on 11 October 2011.

2.  The applicant provided a self-authored statement and a VA Rating Decision.  These statements were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  During the initial review of the applicant's case the Board determined there was insufficient evidence to confirm the applicant was entitled to award of the Purple Heart.  It further noted the applicant’s records could not be located and were presumed to have been destroyed during a fire at the records repository in 1973.  However, the applicant’s separation document was available for the Board’s review and was used in consideration of the applicant’s case.

4.  The applicant’s record shows he was inducted into the Army of the United States on 9 February 1951.  He successfully completed training and was awarded specialty 1745 (Light Weapons Infantryman).  He was honorably released from active duty on 2 February 1953 and transferred to the Enlisted Reserve Corps.  

5.  The applicant’s record is void of any orders or other documents which indicate he was recommended for or awarded the Purple Heart by proper authority while serving on active duty.

6.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army (DA) Korean War casualty listing.  There was no entry pertaining to the applicant on this listing.

7.  His DD Form 214 shows the following pertinent information:

	a.  item 26 (Foreign and/or Sea Service) he completed 6 months of foreign and/or sea service;

	b.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart; and 

	c.  item 29 (Wounds Received as a Result of Action with Enemy Forces), contains the entry "None."

8.  The applicant provides a self-authored statement and a newspaper clipping indicating he received some shrapnel wounds in the leg and face as well as a VA Rating Decision which shows he received service connection for a post shrapnel injury to his right forearm.  

9.  Army Regulation 600-8-22 (Military Awards) states 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's contention that he is entitled to award of the Purple Heart due to wounds he received while in the Republic of Korea was carefully reconsidered and it was determined there is still insufficient evidence to support this contention.  

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria.  Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.

3.  The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant.  

4.  In this case, item 29 of the applicant’s DD Form 214 contains the entry "None" indicating he was not wounded in action.  In addition, his name is not included on the Korean casualty listing, the official DA list of Korean battle casualties.  

5.  Although he claims he was wounded, there is no evidence in his records and he did not provide any evidence which shows he was wounded or injured as a result of hostile action or treated for such wounds or that his treatment was made a matter of official record.  In the absence of evidence which shows he was wounded or injured as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart.

6.  The action in regard to the Purple Heart 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 AR20110008328, dated 11 October 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)                                         AR20120006927



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ABCMR Record of Proceedings (cont)                                         AR20120006927



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