IN THE CASE OF:	  

		BOARD DATE:	   7 January 2014

		DOCKET NUMBER:  AR20130006861 


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 award of the Purple Heart.

2.  The applicant states he suffered a head wound in Korea on 24 July 1953 due to a demolition explosion, with the 3rd Engineer Combat Battalion. 

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* WD AGO Form 8-28 (Field Medical Record Jacket)
* Clinical Record - Diagnostic Summary
* Clinical Record - Abbreviated Clinical Record
* Standard Form 514m (Miscellaneous Test or Examination)
* Standard Form 514b (Hematology)
* Standard Form 514a (Urinalysis)
* Page 2 of his 4-page DA Form 20 (Enlisted Qualification Record)

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 records show he enlisted in the Regular Army (RA) on 8 October 1948 and he held military occupational specialty 1817 (Bridge Foreman). 

3.  He departed the continental United States (CONUS) on 18 January 1949 and arrived in Japan on 31 January 1949.  He departed Japan on 26 July 1950 and arrived in Korea on 31 July 1950.  He served with the 55th Engineer Treadway Bridge Company.  He departed Korea on 2 May 1951 and arrived in Japan on 4 May 1951 and ultimately back in CONUS on 22 May 1951. 

4.  He was honorably separated on 6 June 1952.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was awarded or authorized the:

* Army of Occupation Medal
* Korea Service Medal
* One overseas service bar

5.  He enlisted in the RA on 14 July 1952.  He was initially assigned to the 8th Medical Battalion, Fort Jackson, SC. 

6.  His DA Form 20 shows he served in the Armed Forces Far East (AFFE) Theater from on or about 19 October 1952 to on or about 10 September 1956.  He was initially assigned to Headquarters and Service Company, 3rd Engineer Combat Battalion, and then the 8th Engineer Battalion (Combat). 

7.  General Orders (GO) Number 2, issued by Headquarters, 24th Infantry Division, on 5 January 1954 awarded him the Army Commendation Medal for meritorious service in Korea from 12 July 1953 to 12 December 1953. 

8.  He appears to have been discharged on 11 October 1954 for the purpose of immediate reenlistment.  A DD Form 214 for this period of service is not available for review with this case. 



9.  He executed a 6-year reenlistment in the RA on 12 October 1954 while at Camp Loeper, Honshu, Japan.  He was honorably discharged on 11 October 1960 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Good Conduct Medal (2nd Award)

10.  He was issued a DD Form 215 (Correction to DD Form 214 - Report of Separation from Active Duty) that corrected his DD Form 214 ending on 
11 October 1960 to show he previously enlisted in the RA on 14 July 1952 for 3 years and he was honorably discharged on 11 October 1954 for the purpose of immediate reenlistment. 

11.  He reenlisted in the RA on 12 October 1960 and subsequently served in Korea from 4 December 1960 to 23 May 1962 and Germany from 24 September 1963 to 30 December 1966.  

12.  He was honorably discharged on 11 October 1966 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows he was awarded or authorized the Army Good Conduct Medal (3rd and 4th Awards). 

13.  He reenlisted in the RA on 12 October 1966 and subsequently served in Korea from 11 February 1967 to on or about 29 March 1968. 

14.  GO Number 61, issued by Headquarters, VII Corps, on 10 December 1966, awarded him the Army Commendation Medal for meritorious service from October 1963 to August 1966. 

15.  In November 1968, he was considered by a physical evaluation board (PEB) for a heart disease.  The PEB recommended his permanent retirement by reason of disability.  

16.  He retired on 27 February 1969 by reason of physical disability and he was placed on the Retired List in his retired rank/grade of master sergeant/E-8 on 28 February 1969.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Army of Occupation Medal
* Korea Service Medal
* One overseas service bar

17.  There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart.  Nothing in several typical sources show he was wounded/injured as a result of hostile action:

	a.  Item 40 (Wounds) of his contemporaneous DA Form 20 does not show a combat wound or injury.  

	b.  His records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound.  This was one way of notification of injuries at the time. 

	c.  His medical records, specifically treatment records, are not available for review in this case. 

18.  He submitted:

	a.  Field Medical Record Jacket that shows on 24 July 1953, while assigned to Headquarters and Service Company, 3rd Engineer Combat Battalion, 24th Infantry Division, he sustained a laceration wound to the scalp with no major artery or nerve damage.  At 1100 hours on that date, he was injured due to a demolition explosion, K-1 Airbase, South Korea. 

	b.  Field Medical Record Jacket that shows on 24 July 1953, he sustained a laceration wound to the head with no nerve or artery involvement and no permanent disability.  He also suffered a concussion of the brain.  He was transferred to the 21st Station Hospital and his laceration was sutured after being given probing penicillin.

	c.  Medical Record - Diagnostic Summary that shows he suffered a laceration wound to the scalp on 24 July 1953 and he was hospitalized.  His wound was sutured.  The back of this form shows the doctor ordered a urinalysis.  

	d.  Medical Record - Abbreviated Medical record that also shows on 24 July 1953 he received a laceration wound to the scalp.  He related that he and others were blasting dynamite when a fragment struck him in the head.  His wound was sutured and was healing.  His prognosis was satisfactory.  

	e.  Standard Forms 514m, 514b, and 514a.  

19.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; and injury caused by vehicle or aircraft accident resulting from enemy fire.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury or wound was the result of hostile action, the injury or wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record.

2.  The applicant provided multiple documents that confirm he sustained a laceration wound to his scalp on 24 July 1953 while blasting dynamite.  However, nowhere do the medical records he provides show the explosion and subsequent injury were caused by the enemy.  

3.  There is no evidence in his available records and he did not provide any evidence that shows he was wounded or injured as a result of hostile action, treated for such wounds, or that his treatment was made a matter of official record.  In the absence of documentary evidence that 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.

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)                                         AR20130006861





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ABCMR Record of Proceedings (cont)                                         AR20130006861



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