IN THE CASE OF:	  

		BOARD DATE:	  16 May 2013 

		DOCKET NUMBER:  AR20120019720 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states he spent a month in a Japanese hospital after being wounded in the battle of Heart Break Ridge.  He received wounds to his right leg from shrapnel.  After treatment, he was sent back to the United States.  He says his company commander told him the Inspector General awarded him the Purple Heart and Combat Infantryman Badge.

3.  The applicant provides copies of:

* DD Form 214
* A computer printout showing service connection for injuries

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.  On 29 March 1951, the applicant was inducted into the Army of the United States.

3.  The applicant's DA Form 20 (Soldier's Qualification Card) shows in:

	a.  Item 23 (Assignment Limitations): 26 December 1952, limitation of right hand and thigh

	b.  Item 29 (Record of Current Assignments):

* 3 September 1951: Headquarters, 3rd Battalion, 23rd Infantry Regiment, MOS 4745 (Light Weapons Infantryman), Republic of Korea (ROK)
* 20 September 1951: Company L, 23rd Infantry Regiment, Mortar Squad, MOS 4745, ROK
* 2 November 1951: Medical Holding Detachment, 141st General Hospital, Japan, Patient,
* 16 November 1951: Medical Holding Detachment, U.S. Army Hospital, Camp Cooke, California, Patient
* 24 August 1952: 6230 Replacement Company, Fort Ord, California
* 13 October 1952, 53rd Field Artillery Battalion, Fort Ord, California

4.  His DA Form 24 (Service Record) shows in:

	a.  Section 7 (Combat Record): United Nations Summer-Fall Offensive in ROK from 6 to 23 September 1951.

	b.  Section 8 (Wounds Received Through Enemy Action): No entry recorded.

	c.  Section 9 (Medals, Decorations, and Citations): One bronze service star for Korean Service Medal.

5.  A Standard Form 88 (Report of Medical Examination), dated 26 December 1952, states the applicant had been hospitalized in Japan and Camp Cooke for a missile wound to his right hand that required some skin graft from his right thigh.

6.  On 29 December 1952, the applicant was released from active duty.  He had completed 1 year and  9 months of creditable active duty service.



7.  The applicant's DD Form 214 shows in:

	a.  Item 26 (Foreign and/or Sea Service) 2 months and 17 days.

	b.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Korean Service Medal with one bronze service star.

	c.  Item 29 (wounds received as a result of action with enemy forces) None.

8.  The applicant's name does not appear on the Korean War Casualty List as a combat casualty.

9.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.

10.  A search of the SGO files show the applicant was admitted to the hospital on 22 September 1951 for injuries sustained to his right hand resulting from an accident in connection with use of own instrumentalities of war, an explosion of small arms ammunition.  He required skin grafts.  He was medically evacuated from the theater.  His final treatment was at Camp Cooke, California.  He was hospitalized for 333 days.

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

	a.  The Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.

	b.  Award of the Combat Infantryman Badge requires the Soldier be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and Combat Infantryman Badge because he was wounded in the battle of Heart Break Ridge in the ROK.

2.  The available evidence clearly shows that he held an infantry MOS and was assigned to an infantry regiment in the ROK for a period of about 17 days.  However, the available evidence fails to show that he satisfactorily engaged the enemy in combat with his unit.

3.  The available evidence clearly shows that the applicant received injuries to his right hand as a result of an accidental explosion of small arms ammunition, and not as a result of enemy action.

4.  The applicant has not provided any documentary evidence that convincingly show he received shrapnel wounds to his right leg as a result of enemy action or that he was subsequently awarded either the Purple Heart or the Combat Infantryman Badge.

5.  In view of the above, the applicant's request should be denied.

6.  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 their 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 for correction of the records of the individual concerned.




      _______ _  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)                                         AR20120019720





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ABCMR Record of Proceedings (cont)                                         AR20120019720



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