IN THE CASE OF:  	  

		BOARD DATE:  19 March 2015	  

		DOCKET NUMBER:  AR20150004130 


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 previous application for award of the Purple Heart through his Congressional representative.

2.  The applicant states, in effect, he is entitled to award of the Purple Heart for injuries he sustained in battle in Korea on 14 February 1953.

3.  The applicant provides:

* command or historical report extract
* casualty reports, dated 12 February 1953 and 14 February 1953
* Eighth U.S. Army-Korea Periodic Intelligence Report, dated 14 February 1953
* Bronze Star Medal with "V" Device Certificate
* DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 14 November 1953
* DD Form 215 (Correction to DD Form 214) for the period ending 14 November 1953, dated 2 April 2010
* DD Form 215 for the period ending 14 November 1953, dated 8 November 2012
* Honorable Discharge Certificate, dated 7 January 1960
* statement from two former officers of the 32d Infantry Regiment, 7th Infantry Division
* recommendation for award of the Bronze Star Medal with "V" Device from two former officers of the 32d Infantry Regiment, 7th Infantry Division
* self-authored statement

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 AR20120001130 on 3 July 2012.

2.  The applicant provided casualty reports, the recommendation for award of the Bronze Star Medal with "V" Device, and a command or historical report extract which were not previously considered by the Board.  This constitutes new evidence which merits consideration at this time.

3.  His military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the evidence provided is sufficient 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 28 November 1951.  His most significant duty assignment is shown as the 32d Infantry Regiment, Korea.  He was awarded the Korean Service Medal with three bronze service stars and Combat Infantryman Badge.

5.  He was honorably released from active duty on 14 November 1953.  He completed 1 year, 11 months, and 3 days of creditable active service of which 11 months and 17 days were foreign service.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

6.  On 6 November 2008, he was awarded the Bronze Star Medal with "V" 
Device for valorous achievement during a nighttime assault by an overwhelming force of Chinese infantry while assigned to Company I, 32d Infantry Regiment, during the period 13 and 14 February 1953.

7.  On 2 April 2010, his DD Form 214 was corrected to show award of the Bronze Star Medal with "V" Device.

8.  On 3 July 2012, the ABCMR denied his request for award of the Purple Heart based on lack of evidence showing he was wounded or injured as a result of hostile action.

9.  On 8 November 2012, his DD Form 214 was again corrected to show award of the National Defense Service Medal, Republic of Korea War Service Medal, and Republic of Korea Presidential Unit Citation.

10.  The casualty reports provided by the applicant, dated 12 February 1953 and 14 February 1953, show he was listed as a non-bleeding survivor of the Valentine Day Raid on Outpost Queen in Korea on 14 February 1953.

11.  The command or historical report extract provided by the applicant states, in part:

The next night at 10 minutes past midnight an estimated enemy company attempted to seize an outpost of the 32d Infantry, 7th US Division, in the vicinity of CT2328.

At 0700 hours on the morning of 14 February a friendly platoon finally reached the embattled outpost without enemy contact and found that the tenacious defenders had succeeded in turning back the initial enemy assault and had finally forced the enemy to break contact at 0530 hours….Friendly losses were 3 killed and 8 wounded.

12.  The recommendation for award of the Bronze Star Medal with "V" Device provided by the applicant, dated 5 December 2007, states:  "With no direction or leadership from his superiors [Applicant] continued to resist the attack using his carbine and grenades.  At one point he was temporarily knocked unconscious by a Chinese grenade."

13.  The self-authored statement accompanying the recommended citation for award of the Bronze Star Medal with "V" Device submitted by two former officers of the 32d Infantry Regiment, 7th Infantry Division, states, in part:

On the morning of Feb. 13, 1953 Lt. M____ called me to the CP [command post] on the outpost about 6:30 am and told me to clear a patrol path off the right side of the outpost for patrol that night….That night, N____, W____ and me went out to the LP [listening post] from 8 PM to 12 PM, around 10 PM N____ called the CP and told them we had people coming up the hill, he was told it was our imagination.  About 45 minute later he called again and was told the same thing, so around 11:30 PM I called and told the CP that they were getting very close to us…

Somewhere around 12:30 AM the Chinese hit us from all sides all at once.

N____ stood next to me when a grenade landed between us it ripped open his leg and my left leg went numb but I had no wound….I went back into the trench and a soldier by the name of M____ came along side of me and another grenade landed between us and it ripped open his leg and my left leg tingled and went numb for a second time.

A shell landed close to me and blew me into the air 5 to 10 feet.  I had no feeling in the lower left part of my body.  I told the guys that I was hit, but I wasn't.

I returned to the main line and sat with my head in my hands with a terrible headache and ringing in my ears that seemed like hours and hours.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  Award of the Purple Heart requires the submission of substantiating evidence to verify a Soldier received a wound or injury as a result of hostile action, the wound/injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The command or historical report extract combined with the casualty reports and citation for the applicant's award of the Bronze Star Medal with "V" Device stating he was temporarily knocked unconscious by a Chinese grenade in Korea on 14 February 1953 are sufficient evidence on which to base award of the Purple Heart in this case.

3.  Therefore, he should be awarded the Purple Heart for an injury sustained as a result of hostile action in Korea on 14 February 1953 and his DD Form 214 should be corrected to show this award.



BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20120001130, dated 3 July 2012.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for an injury sustained as a result of hostile action in Korea on 14 February 1953 and correcting his DD Form 214 to show this award.



      _______ _   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)                                         AR20150004130



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ABCMR Record of Proceedings (cont)                                         AR20150004130



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