BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140016702 


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 award of the Purple Heart.

2.  The applicant states he was injured in Korea while on active duty during the Korean War.

3.  The applicant provides:  

* a letter, dated 22 July 2014, from the National Personnel Records Center (NPRC), St. Louis, MO
* a letter, dated 16 September 2014, from his wife

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.  His complete military personnel records were not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents, including his service medical records, available for the Board to conduct a fair and impartial review of this case.

3.  On 16 October 1950, he enlisted in the Regular Army for 3 years.  

4.  A Standard Form (SF) 502 (Narrative Summary), dated 11 October 1952, from the mental hygiene consultation service at Indiantown Gap Military Reservation (Pennsylvania) stated the applicant was referred by his company commander because of bizarre behavior.  He claimed to be a special agent (not true) and that he had special powers involving the use of advanced algebra.  The examiner recommended the applicant be transferred to Valley Forge Army Hospital (VFAH), Phoenixville, PA on an emergency basis for disposition and treatment.

5.  A Clinical Record Brief, dated 11 October 1952, shows he was diagnosed with schizophrenic reaction, paranoid type, acute, moderate, manifested by delusions of persecution and grandeur, ideas of reference, auditory hallucinations, shallowness of affect, circumstantiality; severe stress (6 months in combat); unknown predisposition; marked impairment.  His condition was considered in line of duty (LOD).  He was transferred to VFAH.

6.  An SF 504, dated 11 October 1952, from VFAH, stated in the history of present illness that the applicant stated in March 1952 he suffered a concussion when a mortar shell dropped near him.  This resulted in ringing in his ears, and he also had a sting in his left shoulder, fever and pain.  He was sent back to the 123rd Medical Holding Company where he was kept for 20 days and returned to the line.  There was no evidence to suggest that he had a wound in the right shoulder.  The applicant stated that he was again evacuated to the 123rd Medical Holding Company for physical therapy.  He stated the diagnosis of combat fatigue was made at that time.  He departed Korea in August 1952.

7.  A VFAH Disposition Board determined his degree of disability for military service was total and permanent.  The board determined:

* Diagnosis:  Schizophrenic reaction, paranoid type, acute, moderate; manifested by delusions of persecution and grandeur, ideas of reference, auditory hallucinations, shallowness of affect, circumstantiality, evasion.  
* Stress:  Severe; 6 months combat duty in Korea.
* Predisposition:  Moderate; past history of untoward family background with poor school adjustment, and 1 year detention in a Boy's Industrial School.
* Impairment:  Marked for further military duty.
* Condition:  In partial remission.  He was competent.
* LOD:  Yes

8.  Other than the record of a statement he made in October 1952, there are no entries in the available medical records indicating he was wounded or injured as a result of hostile action.

9.  On 11 April 1953, he was discharged under the provisions of Army Regulation 600-450 and Special Regulation 600-450-5.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) provides the following information:

* he completed 2 years, 4 months, and 24 days of active service that was characterized as honorable
* he served 1 year, 4 months, and 26 days of foreign service
* the Purple Heart is not listed 
* item 29 (Wounds Received as a Result of Action with Enemy Forces contains the entry "None"
* item 30 (Remarks) contains an entry indicated he was paid severance pay, but the amount is unreadable

10.  There are no orders in the available military service records awarding him the Purple Heart.

11.  His name does not appear on the National Archives and Records Administration Korean War Casualty File.

12.  In a letter, dated 16 September 2014, his wife states her husband entered the U.S. Army in 1951 and was subsequently honorably discharged in 1953.  He served in the Korean War and as a result of action during the Korean War he is totally and permanently disabled.  She states he has never been able to gainfully work as a result of being injured while serving his country.

13.  Army Regulation 600-450 (Separation for Physical Disability), in effect at the time, provided for the discharge for physical disability with severance pay for those members who had less than 20 years of active service and whose disability was determined to be less than 30 percent.

14.  Special Regulations 600-450-5, in effect at that time, prescribed the procedures for evaluation and determination of medical fitness, and disposition of members affected.  Medical fitness as used therein included both physical and mental fitness as distinguished from administrative fitness.  The medical evaluation of members to determine their medical fitness for retention on active duty was accomplished by means of appropriate medical authority and/or physical evaluation board.  This regulation applied to members of the Regular Army, Organized Reserve Corps, and National Guard of the United States.

15.  Army Regulation 672-5-1 (Decorations and Awards), then in effect, stated the Purple Heart was awarded to any member of the Armed Forces of the United States and to any civilian citizen of the United States serving with the Army who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy, provided the wound necessitated treatment by a medical officer.

	a.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

	b.  Not more than one award of this decoration will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

DISCUSSION AND CONCLUSIONS:

1.  The evidence indicates he was apparently discharged by reason of disability with a less than 30 percent disability rating for schizophrenia, paranoid type.  His DD Form 214 indicates he received severance pay.

2.  The applicant stated to doctors that he suffered a concussion in March 1952 when a mortar shell dropped near him.  However, there is no official documentation to corroborate his statement.

3.  There are no entries in the available medical records indicating he was injured as a result of hostile action.  Item 29 of his DD Form 214 does not indicate he was wounded as a result of action with enemy forces.  There are no orders awarding him the Purple Heart in the available records.  His name is not listed on the National Archives and Records Administration Korean War Casualty File.

4.  Therefore, in the absence of military records which show the applicant was wounded or injured or treated for wounds or injuries resulting from hostile action there is insufficient evidence to award the Purple Heart in this case.


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)                                         AR20140016702



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ABCMR Record of Proceedings (cont)                                         AR20140016702



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