IN THE CASE OF:	

		BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130020713 


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 to correct his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show:

* he received shrapnel wounds to his right leg in item 29 (Wounds Received as a Result of Action with Enemy Forces)
* 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 Heartbreak Ridge.  He received wounds to his right leg from shrapnel.  After treatment, he was sent back to the United States.  His company commander told him to go to the Inspector General (IG) to pick up his awards of the Purple Heart and Combat Infantryman Badge.  He never went to the IG office to retrieve his awards.

3.  The applicant provides a letter from the Military Order of the Purple Heart, dated 15 November 2013.

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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120019720 on 16 May 2013.

2.  The applicant provided a letter from the Military Order of the Purple Heart as new evidence.  This evidence was not previously considered by the Board and therefore warrants consideration.

3.  The applicant was inducted into the Army of the United States on 29 March 1951 and held military occupational specialty (MOS) 4745 (Light Weapons Infantryman).

4.  Item 23 (Assignment Limitations) of his DA Form 20 (Soldier's Qualification Card) shows he had a permanent physical profile rating of 3 for his upper and lower extremities (right hand and thigh) as of 26 December 1952.

5.  Item 29 (Record of Current Assignments) of his DA Form 20 shows he was assigned to:

	a.  Headquarters, 3d Battalion, 23d Infantry Regiment, Korea, in MOS 4745 from 3 to 19 September 1951 and with Company L, 23d Infantry Regiment, Mortar Squad, Korea, in MOS 4745 from 20 September to 1 November 1951;

	b.  Medical Holding Detachment, 141st General Hospital, Japan, in a patient status from 2 to 15 November 1951;

	c.  Medical Holding Detachment, U.S. Army Hospital, Camp Cooke, CA, in a patient status from 16 November 1951 to 23 August 1952; and

	d.  6230th Replacement Company, Fort Ord, CA, on 24 August 1952.

6.  Section 8 (Wounds Received Through Enemy Action) of his DA Form 24 (Service Record) does not contain an entry.

7.  The applicant was honorably released from active duty on 29 December 1952.  His DD Form 214 shows he completed 1 year and 9 months of net active service, of which 3 months and 17 days were credited as foreign service.  He was authorized award of the Korean Service Medal with one bronze service star. 
Item 29 of his DD Form 214 contains the entry "None."

8.  As stated in the previous Record of Proceedings:

	a.  His records contain a Standard Form 88 (Report of Medical Examination), dated 26 December 1952, showing he was hospitalized in Japan and Camp Cooke, CA, for a missile wound to his right hand that required a skin graft from his right thigh.

	b.  His name does not appear on the Korean War Casualty List as a combat casualty.

	c.  A search of the Office of the Surgeon General files show the applicant was admitted to the hospital on 22 September 1951 for injuries sustained to his right hand resulting from "Accidents in connection with use of own instrumentalities of war:  Explosion of small arms ammunition."  He required skin grafts.  He was medically evacuated from the theater.  His final treatment was at Camp Cooke, CA.  He was hospitalized for 333 days.

9.  His records do not contain orders awarding him the Combat Infantryman Badge or Purple Heart.

10.  He provided a letter from the Military Order of the Purple Heart, dated 15 November 2013.  The service officer who issued the letter stated he misunderstood the applicant's statement about receiving a wound to his right leg during a mortar attack when he assisted the applicant with his application.  He previously stated the applicant received shrapnel wounds to his right leg; however, this was not the case.  The applicant's leg was critically injured due to the force of several explosions.  The force of the explosions knocked him into the air and he landed on a rock that was part of a foxhole he had just exited.

	a.  The applicant was hospitalized in Japan for 1 month and at Camp Cooke, CA, for 11 months.  His company commander instructed him to go to the IG office to request the Purple Heart; however, he decided not to pursue the medal at that time because he wanted to expedite his discharge.

	b.  The applicant should still be considered for award of the Purple Heart.  Even though he did not absorb shrapnel, he did suffer a leg injury during combat.

11.  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.

12.  Army Regulation 600-70 (Badges), dated 15 April 1948, stated the Combat Infantryman Badge was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat.  Commanding officers of infantry regiments and separate infantry battalions were the award authorities.

13.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must 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 and must have 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.

DISCUSSION AND CONCLUSIONS:

1.  Item 29 of the DD Form 214 is used to list wounds received as a result of action with enemy forces.  The applicant has not provided and his records do not contain any evidence to show he was engaged with enemy forces or that he was wounded as a result of enemy action.

2.  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 medical personnel, and the medical treatment must have been made a matter of official record.

3.  There is no evidence in his records and he did not provide any evidence that shows show the injury to his leg was a result of hostile enemy action.  His records indicate he 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.  There is no evidence showing his leg was wounded.

4.  The three basic requirements for award of the Combat Infantryman Badge are that a Soldier must 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.

5.  The fact that he held an infantry MOS is not in doubt.  However, the applicant has not provided and his records did not contain any evidence showing he satisfactorily engaged the enemy in combat with his unit.

6.  Based on the foregoing, there is insufficient evidence to grant 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120019720, dated 16 May 2013.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him 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)                                         AR20130020713



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ABCMR Record of Proceedings (cont)                                         AR20130020713



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