IN THE CASE OF:

		BOARD DATE:  13 November 2012

		DOCKET NUMBER:  AR20120007651 


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, in effect, award of the Purple Heart and two additional bronze service stars for his Korean Service Medal.

2.  The applicant states that:

	a.  he was in a forward position in the Korean War.  Sometime in February 1952 artillery shells landed nearby his location and he was knocked unconscious.  Obviously he suffered a concussion.  When he came to he had a piercing pain in the right side of his head.  The medic checked him and, as there was no blood, he was told he would be OK.  Since he had no visible injury the medic did not send him to the hospital.  He recovered somewhat and adjusted to the pain but had headaches. 

	b.  on the plane ride to be discharged the aircraft hit a severe storm causing it to drop suddenly.  That drop caused a recurrence of the piercing pain and resulted in immediate deafness in his right ear.  The next day he indicated he had a medical problem but the doctor acted as if he had no time to hear him out.  He was told he had a temporary blockage that would disappear in a couple of weeks.  He was discharged in May 1953.  

	c.  he has seen many doctors over the years and two years ago, on his own, he discovered he suffers from Hyperacusis (a health condition characterized by an over-sensitivity to certain frequency ranges of sound).  

	d.  he read a while ago the Department of Defense (DoD) was beginning to recognize the invisible wounds suffered by Soldiers while in combat.  He believes an injustice was committed in his case.  When he was discharged he was not informed of the health benefits he was entitled to.  He was never told that he could go to the Department of Veterans Affairs (VA) and use those facilities.

	e.  the ribbon he was given for his service in Korea has four campaign stars, but his record only shows two campaign stars.  He requests his records be corrected to show he earned four campaign stars. 

3.  The applicant provides a copy of a letter from the Awards and Decorations Branch, Army Human Resources Command (HRC), Fort Knox, Kentucky, dated 
15 February 2012.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM's 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 that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case

3.  The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was inducted on 29 May 1951 and he was separated on 21 May 1953.  He had served 1 year, 11 months, and 23 days of net service for the period with 1 year, 4 months, and 16 days of foreign and/or sea service.  His DD Form 214 shows in: 

	a.  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized:  Korea Service Medal with two bronze service stars, and the United Nations Service Medal.

	b.  item 40 (Wounds Received as a Result of Action with Enemy Forces):  None

4.  The applicant submitted a letter from HRC Awards and Decorations Branch informing him that they were unable to verify his entitlement to an award of the Purple Heart for hearing loss because he did not provide official documentation reflecting the hearing loss.  He was informed that he might be able to obtain documentation of his injury by contacting the National Archives.  He was also informed of his option to appeal to the Army Board for Correction of Military Records (ABCMR), which he has done.

5.  A review of the Korean Casualty File does not show the applicant's name as a casualty.

6.  A 20 May 1953 Standard Form 88 (Report of Medical Examination) competed for the purpose of "Separation" contains the notation "No complaints of a medical nature at this time of examination."

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  It also states, in pertinent part, that a bronze service star is authorized with this award for each Korea campaign a member is credited with participating in.  A silver service star denotes five bronze service stars.  During the Korean War, the Army received credit for the following campaigns:

* UN Defensive, 27 June to 15 September 1950
* UN Offensive, 16 September to 2 November 1950
* CCF Intervention, 3 November 1950 to 24 January 1951
* First UN Counteroffensive, 25 January to 21 April 1951
* CCF Spring Offensive, 22 April to 8 July 1951
* UN Summer - Fall Offensive, 9 July to 27 November 1951
* Second Korean Winter, 28 November 1951 to 30 April 1952
* Korea Summer - Fall 1952, 1 May to 30 November 1952


* Third Korean Winter, 1 December 1952 to 30 April 1953
* Korea, Summer, 1 May to 27 July 1953

DISCUSSION AND CONCLUSIONS:

1.  Award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was sustained while in action against an enemy or as a result of hostile action, the injury/wound must have required treatment by medical personnel, and the treatment must have been made a matter of official record.

2.  There is no evidence of record and he did not provide any evidence that shows he was wounded or injured as a result of hostile action. 

3.  There is no wound entry on his DD Form 214 and he is not listed on the Korean Casualty file.

4.  The applicant completed 1 year, 4 months, and 16 days of foreign service.  There is no evidence showing he served any foreign service other than in Korea. His DD Form 214 shows he was discharged in May 1953.  The approximate period of his service in Korea is from January 1952 to May 1953.  This period of service would have qualified him for four bronze service stars with his Korean Service Medal based on campaign participation credit for: 

* Second Korean Winter, 28 November 1951 to 30 April 1952
* Korea Summer - Fall 1952, 1 May to 30 November 1952
* Third Korean Winter, 1 December 1952 to 30 April 1953
* Korea, Summer, 1 May to 27 July 1953

5.  In view of the above, the applicant should be awarded two additional bronze service stars for his already-awarded Korean Service Medal. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 27 of his DD Form 214 the Korean Service Medal with two bronze service stars and adding the Korean Service Medal with four bronze service stars. 

2.  The Board further determined 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 awarding him the Purple Heart.



      _______ _   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)                                         AR20110019235



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ABCMR Record of Proceedings (cont)                                         AR20120007651



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