BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140019473 


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

* he was wounded in the summer of 1952 (in Korea) and subsequent award of the Purple Heart
* he received $40 combat pay per month for 18 months
* he was overseas for 2 years and 22 days 

2.  The applicant states he was never interested in the Purple Heart when he was young.  But now he and his family think he is deserving of the requested corrections.  He realizes it has been 62 years but he is now opening up about what happened back then.  He completed 4 months of training in Hawaii which was not a state at the time. 

3.  The applicant provides:

* Congressional correspondence
* X-ray of shrapnel in forehead
* a contemporaneous picture
* letter from his spouse to the National Archives
* letter from the Department of Veterans Affairs 
* DA Form 1577 (Authorization for Issuance of Awards)
* DD Form 214
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* letter from the National Personnel Records Center 
* Certificate of Military Service

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's 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 in 1973.  It is believed that 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.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty in Indianapolis, IN, on 10 April 1951.  This form also shows at the time of his separation he held military occupational specialty 1014 (Wheel Vehicle Mechanic) and his most significant duty assignment (i.e., last duty assignment) was with 65th Engineer Battalion, Korea. 

4.  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 File.  However, information obtained from hospital admission cards data files, compiled and created by the Office of the Surgeon General show the following illnesses: 

	a.  September 1951, Hawaiian Islands, common cold, non-battle morbidity.  He stayed at Tripler Army Hospital, HI, for 3 days. 

	b.  December 1951, Hawaiian Islands, influenza with other respiratory manifestations, non-battle morbidity.  He stayed at Tripler Army Hospital 10 to 14 days.  

	c.  20 June 1952, Korea, Chancroid (Dorcrey's bacillus or bacterial infection), non-battle morbidity.  He was not hospitalized

	d.  23 March 1953, Korea, Chancroid, non-battle morbidity.  He was not hospitalized.  

5.  He was honorably released from active duty on 1 May 1953 and transferred to the Enlisted Reserve Corps to complete his remaining service obligations.  His DD Form 214 shows in: 

	a.  Items 21 (Net Service Completed for Pay Purposes This Period) and 24 (Total Service Completed for Pay Purposes), he completed 2 years and 22 days of total active military service (emphasis added).

	b.  Item 26 (Foreign and/or Sea Service), he completed 1 year, 7 months, and 29 days of foreign service (emphasis added).

	c.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Credits Awarded or Authorized), the Korean Service Medal with 2 bronze services stars, United Nations Service Medal, and 2 overseas service bars. 

	d.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the entry "None."

	e.  Item 32 (Remarks) entries pertaining to military service obligations, blood type, mustering out pay (MOP), lost time, and retention on active service.  He received $300 MOP.  He was retained at the convenience of the Government for 22 additional days and he had no lost time. 

6.  On 22 August 2002, the Board (Army Docket Number AR2002069632) considered his records for award of the Purple Heart but found no documentary evidence that showed he was wounded or injured in Korea by hostile action.  As such, the Board denied him award of the Purple Heart.  The Board did award him the National Defense Service Medal. 

7.  On 13 January 2003, he was issued a DD Form 215 that added award of the National Defense Service Medal.

8.  He provides: 

	a.  Congressional correspondence wherein a Member of Congress states the applicant contacted him in regards to correction of his records to reflect award of the Purple Heart. 

	b.  A letter, dated 25 September 2014, from the applicant's spouse to the National Archives requesting award of the Purple Heart.  She states that the applicant told her in the summer of 1952 there was a tank sitting by a bridge that had been previously damaged.  He and his patrol went out to repair it.  The tank made red exhaust smoke at night making it visible for the enemy to zero in on them.  They were attacked.  When the missile blew, it blew off his helmet and he dove under a truck for cover.  He then got up and took himself to the company medic.  He was released and returned to his tent.  He did not care at the time about any medals as his focus was on survival.  However, he is 84 years of age today and he recently started opening up about the war.  He still has mental health issues from his wartime experiences.  However, he managed to marry three times and raised his children and grandchildren.  He was assigned to the 65th Engineer Battalion and he still remembers the names of some of his buddies but not sure if they are still alive.  

	c.  Letter from the VA to the applicant informing him that requesting individually identifiable information about others is privileged information that is also confidential.  

	d.  A photograph of what appears to be an x-ray with the writing "shrapnel 1952, green now." 

	e.  DA Form 1577, dated 13 January 2003, showing authorization for the issuance of those medals listed on his DD Form 214. 

	f.  A letter, dated 20 September 2011, from the National Personnel Records Center indicating there was no record found to indicate he received medical treatment for wounds or injuries received in action.  

9.  Army Regulation 600-8-22 (Military Awards) states 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.
10.  Department of the Army Technical Manual (TM) 12-235 (Discharge Procedures and Preparation of Separation Forms), dated February 1948, provided guidance for the issuance of the WD AGO Form 53-55 (Enlisted Record and Report of Separations, Honorable Service).  However, in December 1949, the WD AGO Form 53 was renamed as the DD Form 214, effective 1 January 1950.  Special Regulations (SR) 135-175 superseded TM 12-235 and Army Regulation (AR) 635-5 (Personnel Separations), superseded SR 135-175 in 1952.  

11.  AR 635-5 establishes the uniform administrative procedures and separation forms used in conjunction with relief from active duty or complete separation from military service of commissioned officers, warrant officers, and enlisted personnel.  The purpose of the separation document is to provide the individual with a documentary evidence of his or her military service.  The DD Form 214 is issued at the time of separation from active duty to each enlisted or officer person discharged, retired, or released from active duty.  The version of the regulation in effect at the time of the applicant's separation states:

	a.  For item 29, enter chronologically, each wound received as a result of enemy action, show the place and date of action 

	b.  For item 32, make entries as a continuation to those entries that are too long for their respective blocks and to make entries that are mandated by Department of the Army.  Examples of those entries are blood type, social security number, permanent grade and effective date (if the grade at the time of discharge was a temporary grade), early separation or retention on active duty, record of lost time, and MOP pay.  

12.  According to the official Army Center of Military History:

	a.  In World War II, formal planning for demobilization began two years before the end of the war with Germany.  For the first time in American history, demobilization was done primarily by individual rather than by unit. Demobilization by unit had previously been the standard for the army, and had worked well with small forces, for it allowed units to retain their integrity and combat effectiveness.  The individual method, however, allowed for faster mustering out with acknowledgment paid to individual service—both of which were popular in American society.  A service score plan was devised whereby individual soldiers were assigned points as credit for length of service, time spent overseas, time spent in combat, number of wounds sustained, and number of children at home.  MOP was paid according to this new criterion and continued throughout the Korean War.

	b.  Combat pay was authorized in 1952 for servicemembers deployed to Korea.  It represented the first modern form of direct combat compensation.  Combat pay was $45 per month and paid to members serving at least six days in designated "combat units" or those wounded, injured, or killed by hostile fire.  Defined by statute, "combat units" were effectively restricted to frontline ground units with the intent that special recognition extend only to those enduring the worst "hazards and hardships" of war.  Receipt of additional special and incentive pays, such as flight or submarine pay, was banned.  This narrow, conditions-based interpretation of the purpose of recognition echoed its predecessor, Badge Pay, but angered the Navy and Air Force, whose members faced slim prospects of eligibility.  Almost immediately upon enactment the other services and their supporters in the Congress sought to replace the criterion of "unit designation" with broad, geographically-based zonal eligibility.

DISCUSSION AND CONCLUSIONS:

1.  With respect to being wounded as a result of action with enemy forces: 

	a.  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.

	b.  Examples of the sources of documents used for a combat wound included casualty reports, records of medical treatment, official telegrams to the next of kin, entries on the officer duty journal or log, and entries on official Army records (such as the DA Form 24 (Service Record)).  

	c.  In the applicant's case, the only available medical documents consist of information obtained from hospital admission cards data files, compiled and created by the Office of the Surgeon General and show four instances of treatment or hospitalization, none for battle or as a result of hostile action: 

* September 1951, Hawaiian Islands, common cold, he stayed at Tripler Army Hospital, HI, for 3 days
* December 1951, Hawaiian Islands, influenza with other respiratory manifestations, he stayed at Tripler Army Hospital 10 to 14 days  
* 20 June 1952, Korea, Chancroid (Dorcrey's bacillus or bacterial infection), he was not hospitalized
* 23 March 1953, Korea, Chancroid, he was not hospitalized  

	d.  There is no 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.  Notwithstanding the applicant's sincerity, 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 show a combat wound on his DD Form 214 or to award him the Purple Heart.

2.  With respect to his overseas service and entering combat pay on the DD Form 214: 

	a.  The applicant did not serve for 2 years and 22 days in Korea as he contends.  That is his total active service from 10 April 1951 (the date he was inducted) to 1 May 1953 (the date he was separated).  In fact, his medical records show and he acknowledges that he was in the Hawaiian Islands for training.  It is not possible that his entire active duty service of 2 years and 22 days was spent in Korea.  Of his total active service, 1 year, 7 months, and 29 days was foreign service which is already captured in item 26 (Foreign and/or Sea Service) of his DD Form 214.  

	b.  The regulation in effect at the time did not stipulate or require an entry for combat pay to be entered on the DD Form 214.  It required one for the MOP but not for other types of pay.  Because there was never a requirement to list combat pay on the DD Form 214, there is no reason to do so now.  

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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


2.  The Board wants the applicant and all others to know that the sacrifices the applicant made in service to the United States during the Korean War are deeply appreciated.  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)                                         AR20140019473



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140019473



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1