IN THE CASE OF:	  

		BOARD DATE:	  30 December 2014

		DOCKET NUMBER:  AR20140006579 


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 earlier request for award of the Purple Heart.  He also requests a personal appearance before the Board. 

2.  The applicant states:

	a.  A newspaper article dated 21 September 1953 quoted his citation for award of the Bronze Star Medal and indicated he was "cited for valor in defense of a strategic position near Samoul-ni, Korea, on 10 June, for historically saving a wounded comrade while suffering wounds himself" and "despite his own wounds, received during the initial attack, he continued to perform his duties with determination."  

	b.  In its introduction, his unit's 1953 yearbook states, regarding the action during which he was wounded, on or about 10 June 1953, "due to the fact that every line company of the 15th Regiment plus three line companies of the operationally-attached 1st Battalion, 5th Regiment Combat Team, were utilized in the defense of Outpost Harry, evacuation and casualty reporting was a major problem."  Given the Army acknowledgement of his unit's 1953 yearbook, which was prepared under the auspices of Colonel R. F. Axxxs, Jr., the regimental commander, that evacuation and casualty reporting was a major problem, the Board should give great deference to the newspaper article. 

	c.  He has requested, with help from his Member of Congress, copies of the morning reports on or around 10 June 1953.  He has not received them yet.  In the interest of justice and to ensure he has been provided due process, the Board should permit him to inspect the morning reports prior to making a decision. 

	d.  He previously elected not to appear before the Board, but he now wants to do so to ensure he is provided due process.

3.  The applicant does not provide any new evidence. 

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 AR20120015415, dated 21 March 2013.  

2.  The applicant does not meet the two-tiered criteria for reconsideration in that his current request was neither received within one year of the original Board's decision nor does it contain any new evidence.  However, he raises a new issue regarding the personal appearance.  Therefore, his request will be considered by the Board. 

3.  His complete military records are 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 his records were lost or destroyed in that fire; however, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4.  His DD Form 214 shows he was inducted into the Army of the United States on 10 October 1952.  At the time of his separation, he held military occupational specialty 1745 (Light Weapons Infantryman) and his most significant duty assignment (i.e., last duty assignment) was with Company B, 526th Armored Infantry Battalion. 

5.  His DD Form 214 shows he completed 2 years of creditable active military service, of which a period of 1 year, 1 month, and 29 days was foreign service.  He appears to have served in Korea during the Korean War, but his exact dates of foreign service are unknown. 

6.  Item 26 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

7.  He was honorably released from active duty on 9 October 1954 and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded or authorized the:

* United Nations Service Medal
* Combat Infantryman Badge
* National Defense Service Medal
* Good Conduct Medal
* Korean Service Medal with two bronze service stars 
* Bronze Star Medal 

8.  His reconstructed records do not contain orders awarding him the Purple Heart.  Additionally, his medical records are not available for review with this case and his name is not shown in the Korean casualty roster.

9.  His available service records contain a DA Form 1 (Morning Report), dated 10 June 1953, and pertaining to the 15th Infantry Regiment, 3rd Infantry Division. This report does not list his name anywhere.  It mentions another Soldier's name as being wounded near Surang-Ki, Korea, on 9 June.  It also states: 

* 8 June, no enemy contact, morale is excellent
* 9 June, light enemy contact, 1 wounded in action, morale is excellent
* 10 June, no enemy contact, morale is excellent

10.  The applicant previously provided: 

	a.  A newspaper (The Portsmouth Times) article, dated 21 September 1953.  It states his parents received word their son Corporal [Applicant's name] was awarded the Bronze Star Medal for heroic actions in Korea.  The 22-year old Soldier, a member of Company I, 15th Regiment, 3rd Infantry Division, received the medal the previous week.  He was cited for valor in the defense of a strategic position near Samoul-Mi, Korea on 10 June, for heroically saving a wounded comrade while suffering wounds himself.  Despite his own wounds, received during the initial action, he continued to perform his duties with determination.  

	b.  A photograph of Colonel R. F. Axxxs, Jr., the Regimental Commander, from 21 March 1953 to 13 September 1953, and an article by him.  In the article, which appears to be an introduction to the 1953 yearbook of the 15th Regiment, he states that "…..evacuation and casualty reporting was a major problem." 

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 15-185 (ABCMR) states ABCMR members will review all applications that are properly brought before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists in the record; recommend a hearing when appropriate in the interest of justice; or deny applications when the alleged error or injustice is not adequately supported by the evidence and when a hearing is not deemed proper. The ABCMR will decide cases on the evidence of record; it is not an investigative body.  The ABCMR may, in its discretion, hold a hearing.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a personal appearance hearing was carefully considered.  However, by regulation, an applicant is not entitled to a hearing before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR.  In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

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

3.  There is insufficient evidence in his reconstructed records and he did not provide any substantiating 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.  The newspaper article is insufficient by itself to support his combat wound.  Additionally, there is no evidence in his available records that shows he was awarded the Bronze Star Medal for valor as suggested by the newspaper article. 

4.  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.

5.  This Board corrects military records.  The applicant's available service record is maintained by the NPRC.  He has the right to request copies of his records and inspect them as he sees fit.  He may inspect his records any time he desires by coordinating with the agency that maintains his service record or any related records. 

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 AR20120015415, dated 21 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)                                         AR20140006579





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ABCMR Record of Proceedings (cont)                                         AR20140006579



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