IN THE CASE OF:	  

		BOARD DATE:  12 November 2013

		DOCKET NUMBER:  AR20130004810 


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 the second award of the Purple Heart.

2.  The applicant states he was wounded two times during two different events but he only received one Purple Heart.  He contends that the second wound caused him to lose his eye.

3.  The applicant provides a DD Form 214 and two hospital admission cards created by Department of the Army, Office of the Surgeon General.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant be awarded the second award of the Purple Heart.

2.  Counsel states:

* The applicant was in Korea and assigned to Company B, 6th Engineer CMB Battalion
* He was wounded on or about 1 October 1952 in the mouth and face by an artillery shell explosion
* He was treated in-country and he was told he would get a Purple Heart
* On or about 31 October 1952, he received a wound caused by a hand grenade which blinded him in his left eye
* These are two separate incidents
* After treatment, he was sent back to the United States and discharged
* In 2004, he attempted to receive the Purple Heart that was not presented to him in Korea
* He did get one Purple Heart but he did not receive the second Purple Heart
* There must have been some corroboration of some medical records that show he was in the hospital in Korea since one Purple Heart was awarded
* He does not know if those records were from the first incident because they refer to his eye injury which happened the second time he was wounded
* The applicant was wounded twice; the first wound was to the mouth area of the face and the second wound was the right eye region

3.  Counsel provides no additional evidence.

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 applicant's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that his records were lost or destroyed in that fire.  This case is being considered based his DD Form 214 and hospital admission cards created by Department of the Army, Office of the Surgeon General.

3.  In an application dated 23 August 2002, the applicant applied to the ABCMR to be awarded the Purple Heart.  He contended that he was given a Purple Heart while in the service but that it was not recorded on his DD Form 214.  On 28 January 2003, the Board voted to award him the Purple Heart for a shell fragment wound to the eye sustained on 1 October 1952.  The Board based their decision on information from a hospital admission card created by Department of the Army, Office of the Surgeon General.  He was also awarded the Army Good Conduct Medal (1st award) and the Republic of Korea Presidential Unit Citation.  
4.  The applicant's DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), dated 17 September 2003, shows:

* he was inducted into the Army and entered active duty on 15 January 1952
* he served 5 months and 16 days of foreign service
* he was awarded the Combat Infantryman Badge, Korean Service Medal with two bronze service stars, United Nations Service Medal, National Defense Service Medal, Purple Heart, Army Good Conduct Medal, and the Republic of Korea Presidential Unit Citation
* in item 29 (Wounds Received as a Result of Action with Enemy Forces (Place, and date, if known)) the entry "None"
* he was honorably released from active duty on 14 October 1953

5.  Information from a hospital admission card indicates that on 31 October 1952 he was wounded as a direct result of action against or by an organized enemy. The location of the injury is described as "eye and structures auxiliary to the eye: eyeball, generally" and the causative agent is describe as "explosive projectile shells from gun, mortar, etc."

6.  His name is listed on the Korean War Casualty List as being wounded in action on 1 November 1952.

7.  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.

8.  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 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.

9.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the second award of the Purple Heart has been carefully considered.  

2.  Evidence shows he was awarded the first award of the Purple Heart for wounds sustained on 1 October 1952.  However, a hospital admission card indicates he sustained a second wound as a result of enemy actions on 
31 October 1952.  Additionally, his name is listed on the Korean War Casualty List was being wounded on 1 November 1952.  It appears he was wounded as a result of enemy actions on two separate incidents.  Therefore, he is entitled to the second award of the Purple Heart and correction of his DD Form 214 to show this award.  

3.  He served a period of qualifying service in Korea for award of the Republic of Korea War Service Medal.  This award should also be added to his DD Form 214.  

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart (2nd Award) for wounds sustained on 
31 October 1952; 
	b.  deleting from his DD Form 214 the Purple Heart;

	c.  adding to his DD Form 214 the Purple Heart (2nd Award) and the Republic of Korea War Service Medal; and 

	d.  adding to item 29 of his DD Form 214 the entry "shell fragment wound-eye/Korea-on or about 31 October 1952.




      _______ _  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)                                         AR20130004810



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ABCMR Record of Proceedings (cont)                                         AR20130004810



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