IN THE CASE OF:	  

		BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130016152 


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 previous request for award of the Purple Heart. 

2.  The applicant states he is submitting new evidence regarding his claim for award of the Purple Heart.  The National Archives stated that they couldn't locate the medical log books for 3rd Battalion, 29th Infantry Regiment (they may have been burned in the 1973 file), but he remembers watching as the medic entered his name in the book and stating that he would be awarded a Purple Heart.  The new evidence he has are the two x-rays and the doctor's statement in his Department of Veterans Affairs (VA) file.

3.  The applicant provides copies of his two x-rays, Progress Notes, and a VA 
Form 21-4138 (Statement in Support of Claim).

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 ABCMR in Docket Number AR20120014806 on 5 March 2013.

2.  The applicant provided copies of two x-rays, Progress Notes, a VA       Form 21-4138, and new argument.  This is new evidence and will be considered by the Board.

3.  The applicant's complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation in a reconstructed record and those which were submitted by the applicant for the Board to conduct a fair and impartial review of this case.

4.  His available record contains the following:

   a.  A DD Form 214 (Report of Separation from the Armed Forces of the United States) which shows as a member of the Oklahoma Army National Guard (OKARNG), he entered active duty on 1 September 1950.  He held military occupational specialty 1745 (light weapons leader).  He was honorably discharged on 19 September 1951 for the purpose of reenlisting to complete 24 months of active service.  He was credited with completion of 1 year and 15 days of net active service and 5 months and 20 days of foreign service during this period of service.  The exact dates of his foreign service are not shown.  The DD Form 214 lists in:

		(1)  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - the Army of Occupation Medal (Japan);

		(2)  Item 28 (Most Significant Duty Assignment) – Company L, 279th Infantry Regiment; and

		(3)  Item 29 (Wounds) - the entry, "None."

   b.  A DD Form 214 which shows he was released from active duty on 12 June 1952 and he reverted to the OKARNG control.  He was credited with completion of 1 year, 9 months, and 12 days of net active service and 11 months and 24 days of foreign service during this period of service.  The exact dates for his foreign service are not shown.  The DD Form 214 lists in:

		(1)  Item 27 - the Army of Occupation Medal (Japan), Korean Service Medal with one bronze service star, United Nations Service Medal, and the Combat Infantryman Badge and

		(2)  Item 28 - Company L, 279th Infantry Regiment

   (3)  Item 29 - the entry, "None."

	c.  Standard Form 88 (Report of Medical Examination), dated 11 June 1952, completed for his separation medical examination.  In item 73 (Notes) of the form the examining physician did not list any noted abnormalities, wounds or injuries, and found the applicant qualified for being released from active duty.

5.  The available medical records located in the reconstructed file do not show he was wounded or injured while serving in Korea.  The available record is also void of any orders authorizing him award of the Purple Heart.

6.  His name is not listed in the Korean casualty listing.

7.  He provided copies of the following:

   a.  two x-rays of his knees, dated 13 May 2013

   b.  a Progress Notes Form, dated 11 July 2013, wherein the examining physician stated the applicant was still trying to obtain a Purple Heart, he was seeking to get local hospital right knee x-rays imagery from 19 April 2013 and 15 May 2013 into the VA system, and that they did indeed find shrapnel in his knee close to his femur in the report.

   c.  a VA Form 21-4138, dated 29 August 2013, wherein he stated he was requesting reconsideration for the determination of denial of the award of the Purple Heart.  

8.  On 18 March 2013, a DD Form 215 (Correction to DD Form 214) was issued deleting the Korean Service Medal with one bronze service star and adding the Bronze Star Medal, Army Good Conduct Medal, National Defense Service Medal, Republic of Korea War Service Medal, Korean Service Medal with three bronze service stars, and Republic of Korea Presidential Unit Citation to his DD Form 214 ending on 12 June 1952.

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded in any action against an enemy of the United States.

DISCUSSION AND CONCLUSIONS:

1.  The new evidence provided by the applicant was carefully considered.  However, the documentation does not show or confirm he sustained a wound or injury to his knee as a result of enemy action during his period of service in Korea.
2.  By regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured in action.  There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

3.  His service record is void of any evidence that shows he was wounded or injured as a result of combat during his period of service in Vietnam.  His name does not appear on the Korean casualty listing and his complete medical records, which are necessary to confirm that treatment was required, are not available for review.  

4.  Notwithstanding his contention and his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action in Korea and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.  Therefore, there is insufficient evidence to add the Purple Heart to his DD Form 214.  

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 AR20120014806, dated 5 March 2013.



      ______________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)                                         AR20130016152



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ABCMR Record of Proceedings (cont)                                         AR20130016152


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