IN THE CASE OF:	   

		BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130019096 


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 item 29 (Wounds Received as a Result of Action with Enemy Forces (Place and date, if known)) of his DD Form 214 (Report of Separation from Active Duty) to show he sustained a gunshot wound to his head.

2.  The applicant states he was wounded by a gunshot to the head and it was not recorded item 29 of his DD Form 214 where his other wounds are officially recorded.  He contends that the gunshot wound is a material fact and it would be just to have it recorded in his record along with the other injuries already recorded.

3.  The applicant provides:

* a certified partial copy of his DD Form 214
* a Purple Heart Certificate
* a letter from the Regional Office, Department of Veterans Affairs (VA), New Orleans, LA

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 military record is not available to the Board 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 using the partial DD Form 214, Morning Reports, U.S. Army Surgeon General's Office Hospital Admission Cards File listing extracts, and DA Forms 1577 (Authorization for Issuance of Awards) provided by the NPRC.

3.  The NPRC provides extracts from Morning Reports which show the following pertinent information:

* 5 February 1951, the applicant was wounded in action when he sustained a fragment shell wound to his buttocks
* 6 February 1951, 3 officers and 7 enlisted Soldiers were transferred from the Medical Holding Detachment Field Hospital to an Army medical facility in Japan
* 7 March 1951, he was transferred from duty to hospital status after being lightly injured in action
* 9 March 1951 he was assigned to Company B, 7th Cavalry Regiment
* 10 March 1951, he was released from hospital status and returned to duty
* 10 March 1951, he was transferred from duty status to absent sick status at the 15th Medical Clearing Battalion
* 11 March 1951, he was reassigned to the 8063rd Mobile Army Surgical Hospital (MASH)
* 21 March 1951, he was returned to Company B, 7th Cavalry Regiment
* 10 May 1951, he was transferred from duty to hospital status after being lightly injured in action

4.  The NPRC provides U.S. Army Surgeon General's Office (SGO) Hospital Admission Cards File listing extracts which show the applicant was hospitalized for treatment on two occasions:

	a.  5 February 1951, after sustaining fragment wounds in his buttock and hip from explosive projectile shells as a direct result of action against or by an organized enemy.  He was treated in an overseas field hospital.  This wound was assigned an SGO File code of 04, indicating "Battle Morbidity."
	b.  31 March 1951, after sustaining a brain concussion as a direct result of action against or by an organized enemy.  The causative agent is shown as "Direct intended effects (unspecified) of other instrumentalities of war:  Not elsewhere classified."  He was treated in an overseas collection station.  This injury was assigned an SGO File code of 02, indicating "20% Non-Battle Morbidity."

5.  The applicant provides a Purple Heart Certificate, dated 21 February 1952, which shows he was awarded the Purple Heart with first oak leaf cluster for wounds received in action in Korea on 4 June 1951.

6.  The applicant's DD Form 214 shows that he enlisted in the Regular Army on 28 July 1950.  He was credited with 8 months and 5 days of foreign service.  On 29 July 1953, he was honorably discharged upon completion of 3 years and 2 days of active duty service.  This form also shows in:

	a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he was awarded or authorized the:

* Combat Infantryman Badge
* Korean Service Medal with 3 bronze service stars
* Purple Heart with 1 oak leaf cluster (indicating the 2nd award)

	b.  Item 29, that he sustained an SFW [shell fragment wound] to his right buttock on 5 February 1951 while serving in Korea and he was LIA [Lightly injured in action] when he sustained a sprained right ankle on 4 June 1951.

7.  The applicant provides a letter rendered by an Adjudication Officer at the Regional Office, VA, New Orleans, LA, on 25 November 1953.  He informed the applicant that their office had given careful consideration to his claim for disability compensation and made a thorough study of all evidence on file in connection therewith.  It was found that he was entitled to service connection and a rare zero percent [0%] rating for his gunshot wound of his head and right buttock and his tender swollen feet.  Service connection was denied for the sprain to his right ankle, claimed by him, as this condition was not shown by the evidence of record.

8.  The applicant sent an undated letter to the NPRC wherein he attested that he had:

"never recieved [sic] the Purple Heart for the gunshot wound to the head, which shows that on the 10th of March when the attack was made.  Attack enemy position with F86 Sable jets giving support around the mountains were tanks surrounded.  Chink then shot me at 2 ft [feet] with leaving a gunshot wound to my head."

9.  NPRC conducted a search of the available Morning Reports and Sickcall records and was unable to find any documentary evidence showing the applicant had sustained a gunshot wound.

10.  NPRC provides two DA Forms 1577 which show the applicant was authorized shipment of the Purple Heart with one oak leaf cluster.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.

2.  Evidence clearly shows he sustained shell fragment wounds on 5 February 1951 and that he was lightly injured in action when he sprained his right ankle on 4 June 1951.

3.  Evidence also clearly shows that he was awarded a Purple Heart for each of these incidents.

4.  Although evidence also shows the applicant received medical treatment when he sustained a concussion on 31 March 1951, the facts and circumstances surrounding the injury are unknown and the causative agent was not clearly defined and it was coded as "20% Non-Battle Morbidity."  Codes for documenting gunshot wounds as a direct result of hostile action were readily available for the hospital staff to utilize and their apparent choice not to do so indicates that his concussion was caused by another means.

5.  The fact that the VA acknowledged the applicant's claim for service connection for a gunshot wound to his head is duly noted.  However, a thorough review of all available evidence failed to reveal any evidence showing that he sustained a gunshot wound to his head.  Therefore, in absence of evidence to the contrary, it is presumed that the entries on the applicant's DD Form 214 are an accurate reflection of the events that occurred during the applicant's period of service.

6.  In view of the foregoing, the applicant is not entitled to the requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  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 his service in arms.



      _____________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)                                         AR20130019096





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ABCMR Record of Proceedings (cont)                                         AR20130019096



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