BOARD DATE:	  24 February 2015

	DOCKET NUMBER:  AR20140012157


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, in effect, reconsideration of his earlier request for correction of military records by showing he was awarded the Purple Heart for wounds received while in combat in the Republic of Korea (ROK).

2.  The applicant states it is true that he did not seek medical treatment when he was wounded.  He recalls pulling the fragment out of his left calf and putting a bandage on it to stop the bleeding.  He felt it was something he could take care of by himself.  He was in charge that night and was under a lot of stress.  His good buddy had just been killed.  When the grenades were thrown into the bunker, he had to tend to a wounded Soldier who was screaming.  Also when he fell down a hill his helmet went across his eyes and nose.  Due to the conditions at the time, he was not in his right mind.  A few years later he started having headaches.  The Department of Veterans Affairs (VA) recognized his shell fragment wounds in his left leg.  He was awarded compensation for his loss of hearing which was due to explosion of grenades that occurred that night.  For many years he could not touch or wash his right ear without getting severe pain.  He also has some issues with balance as a result.  His civilian doctor and the VA have diagnosed him with having severe arthritis and spurs which he believes resulted from his fall down the hill.  He has requested compensation for these conditions.  He feels that as a Soldier, he served his country with integrity and honor.  He hopes the Board will reconsider his request for the Purple Heart.  He will be 84 years of age.  It would be nice to receive this medal before he dies.

3.  The applicant provides no additional documentation.

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 AR20130006819, on 17 December 2013.

2.  The applicant has provided clarifying information and argument surrounding the circumstances of when and how he was wounded in combat which is new evidence that requires consideration by the Board.

3.  In the original Record of Proceedings (ROP), the applicant requested award of the Purple Heart and that it be shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States).  The Board considered the available evidence and made its determination based on the following:

	a.  The applicant's military records were not available for review.  This was mostly likely due to their lost in a 1973 fire at the National Personnel Records Center.  The Board still believed it had sufficient documents upon which to conduct a fair and impartial review of this specific request.

	b.  The evidence showed that the applicant had been assigned to Company E, 9th Infantry Regiment.  He was awarded the Korean Service Medal with three bronze service stars and the Combat Infantryman Badge.  This was sufficient evidence to show he had served in active ground combat.

	c.  The evidence considered also included a sworn statement from a fellow Soldier saying the applicant had sustained a minor leg wound from a grenade that was thrown into their bunker.  However, the statement did not indicate what, if any medical treatment was required or given for his wound.

	d.  A VA Rating Decision dated 11 June 1998 was also considered.  It showed the applicant was granted zero percent service-connected disability for a shell fragment wound to his left calf, but did not identify any treatment at the time of his wounding.

	e.  The Korean War Casualty List was reviewed but the applicant’s name could not be found on it.

	f.  Based on the foregoing, the Board determined the evidence was insufficient to show that the applicant’s wound had been given medical treatment or that any such treatment had been made a matter of official record.  Therefore, the Board denied his request for award of the Purple Heart.

4.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be changed to show he was awarded the Purple Heart for wounds received in combat in the ROK.

2.  The applicant's available records show that he served in the ROK and was in combat.  Furthermore, his assertion that he received a fragment wound to his left calf is not a matter of contention.  In his statement he has clearly explained that he personally removed a fragment from his left leg and bandaged it.  He does not mention that any further medical attention was required or performed.  There is no official record of any such treatment.  The immediate circumstances, as explained by the applicant, are not doubted.  However, the regulatory requirements for award of the Purple Heart are very clear.  For a wound to qualify for award of the Purple Heart, it must have required medical treatment and that such treatment be made a matter of official record.  By the applicant's own statement, this was not done.

3.  In view of the above, the applicant’s request should be denied.

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 an insufficient basis to amend that portion of the ABCMR decision concerning his middle name, as set forth in Docket Number AR20130006819, dated 
17 December 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)                                         AR20070016793



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140012157



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1