BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140003072 


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 a second award of the Purple Heart.

2.  He states he was wounded by a mortar round/shrapnel at Chipyong-ni, Korea on 15 February 1951 at approximately 1500 hours.  There were three of them who retrieved medical supplies and ammunition from the drop zone when he was wounded.  This is a second award of the Purple Heart request.  There is no entry in his military record that he was treated at the aid station on 15 February 1951 for shrapnel and returned to duty.  

3.  He provides:

* Three witness statements
* General orders for award of the Bronze Star Medal for a fellow Soldier
* Data from the Korean War Casualty roster for two fellow Soldiers
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 September 1968

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 enlisted in the Regular Army (RA) on 15 September 1948.  He served in Korea from 15 July 1950 through 15 August 1951.  

3.  His DD Form 230 (Service Record) shows in:

* Section 3 (Organizations to Which Assigned and Attached) no entry showing he was in a patient status
* Section 8 (Wounds Received Through Enemy Action) entry showing "Wounded in action-Korea…….25 Aug 50"
* Section 9 (Medals, Decorations, and Citations) he was awarded one award of the Purple Heart by General Order 6, Headquarters 2nd Division Artillery, dated 15 October 1950

4.  He was honorably discharged on 14 February 1952.  The DD Form 214 issued for this period shows he was wounded in action on 25 August 1950 in Korea and was awarded the Purple Heart by General Orders Number 6 published by Headquarters, 2nd Division Artillery.

5.  He reenlisted in the RA on 15 February 1952 and he was honorably discharged on 22 April 1958 to accept an appointment as a warrant officer.  His DD Form 214 issued for this period does not show award of the Purple Heart.

6.  On 23 April 1958, he was appointed as a Reserve warrant officer with a concurrent call to active duty.  

7.  His DA Form 66 (Officer Qualification Record) shows one award of the Purple Heart.

8.  His service record does not include orders and he did not provide any orders that show he was awarded a second award of the Purple Heart.  There is also no medical documentation that shows he was wounded a second time as a result of hostile action.  His name is not listed on the Korean Casualty Roster.

9.  On 30 September 1968, he was retired from active duty.


10.  He provided three witness statements from former fellow Soldiers who stated:

	a.  the first former fellow Soldier stated he witnessed a brave action by two men, including the applicant.  During the battle of Chipyong-ni, Korea from 13 to 15 February 1951, F------- who was assisted by the applicant was obtaining ammunition and various supplies from the drop zone.  It was during one of those trips when they were making their dangerous trip amidst a barrage of enemy (hostile) fire to again pick upon ammunition and supplies that F------- was critically wounded from mortar fire.  He witnessed the applicant lifting himself off the ground because he too was hit.  The applicant tried several times to assist his buddy F------- up the hill to an aid station.  There was intense enemy fire all the while that the applicant was carrying F-------, but he managed to save his buddy.  He was assigned to the 2nd Infantry Division at that time.

	b.  the second former fellow Soldier stated he was in the Chipyong-ni between 13 and 15 February 1951 while he was serving in the Republic of Korea and assigned to Headquarters Company of the 82nd Artillery Automatic Weapons Battalion, 2nd Infantry Division.  He witnessed when Sergeant F------- was hit after several trips to secure the supplies, and who was accompanied by the applicant.  The applicant bravely carried Sergeant F------- up the hill to safety in the freezing snow and slippery iced ground dodging hostile fire all along.  Sergeant F------- and the applicant continued stumbling and falling for what seemed like an eternity.  Even though the applicant was wounded he performed an unselfish deed of saving his buddy instead of taking cover and saving himself from intense enemy fire.  It was because of the applicant's and his buddy's actions that they were able to continue their battle at Chipyong-ni and succeed.  

	c.  the third former fellow Soldier described actions during 11 to 15 February 1951 in the area of Chipyong-ni, Korea, which resulted in hand-to-hand combat.  He stated that the applicant assisted him to retrieve and redistribute medical supplies and ammunition which had been dropped by their forces for them to use in defense of Chipyong-ni.  They were both hit/wounded by enemy mortar fire at approximately 1500 hours on 15 February 1951.  One more Soldier who was with them was killed in action.  He stated the applicant, even though he was wounded himself by the same mortar, checked the other Soldier and found that he was dead.  The applicant carried him approximately one mile up the valley to the aid station while dodging enemy fire by zigzagging as well.  Later, he found out that the applicant stumbled and fell because he was wounded and was using all of his strength and courage to save his life.  He recalled that when they reached the aid station the medics wanted to treat him first because most of the blood belonged to him.  He remembered that the applicant told the medics he had been wounded with shrapnel but not as seriously.  The medics treated him and released him back to his unit, which was Headquarters Battery at that time.  

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded by mortar round/shrapnel at Chipyong-ni, Korea on 15 February 1951 at approximately 1500 hours.

2.  The evidence of record shows he was wounded in action on 25 August 1950 in Korea and was awarded the Purple Heart.  

3.  His record does not contain personnel and medical documents showing he was wounded on 15 February 1951 as a result of hostile action.  His name is also not listed on the Korean casualty listing for wounds received as a result of hostile action on 15 February 1951.  

4.  The witness statements provided by the applicant were carefully considered.  However, his record is void of orders and medical documentation that shows he was wounded as a result of hostile action on two separate occasions in Korea.

5.  In the absence of sufficient evidence of record which shows he was wounded or injured as a result of hostile action on 15 February 1951, there is an insufficient basis upon which to award him a second 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)                                         AR20140003072





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ABCMR Record of Proceedings (cont)                                         AR20140003072



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