DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0ELP
Docket No.  
5 April 2001

Sol-01

From:
To:

Subj:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

FtD OF

Ref:

(a) 10 U.S.C.1552

Encl:

(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record

1.

Pursuant to the provisions of reference (a), Petitioner, a

former enlisted member of the United States Navy, applied to
this Board requesting, in effect,
Heart Medal.

that he be awarded the Purple

reviewed Petitioner's allegations of error and

The Board, consisting of Messrs. Swarens, Lightle, and

2.
Carlsen
injustice on 4 April 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,

regulations and policies.

Documentary material

The Board, having reviewed all the facts of record

3.
pertaining to Petitioner's allegations of error and injustice
finds as follows:

a.

Before applying to this Board, Petitioner exhausted all

administrative remedies available under existing law and
regulations within the Department of the Navy.

b.

Although it appears that Petitioner's application to

the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.

C .

Petitioner enlisted in the Marine Corps on 19 January

1948 for three years at age 18.
he had completed five years of formal education and attained
test scores which placed him in Mental Group IV.
advanced to PFC (E-2) on 5 April 1948.

At the time of his enlistment,

Petitioner was

d.

Petitioner's record reflects that he participated in

Inchon, Korea from 15-16 September,
the assault and seizure of  
Korea from 17 September to
the capture and securing of Seoul,
7 October, the Wonsan-Hungnam-Chosin Campaigns from 28 October
to 13 December 1950, and began operations against enemy forces
in South and Central Korea on 16 December 1950.
to CPL (E-4) in May 1951.

He was promoted

e.

On 6 August 1951, Petitioner suffered fractures to his
r right arm and wrist when the building he was
ollapsed and timbers fell on him.

neck, upp
d
sleeping:
he was transferred for treatment from a field hospital to the
hospital ship, USS HAVEN.
evacuated to a hospital in the United States since more than 120
days of hospitalization would be required.
transferred to the Naval Hospital in Memphis on 19 September
1951.

Petitioner was honorably discharged on 25 January 1952.

Thereafter, he was medically

He was ultimately

The following day,

e.

Petitioner states to the effect that the building he

His buddies put him on a stretcher and transferred

was in was near the front line and he was "knocked  
collapsed.
him to a field hospital.
He states that he had always been
under the impression that the building collapsed because of a
storm.
building collapsed after a direct hit by enemy shells. He
provides a statement from a former sergeant with whom he served
who states as follows:

Few" reunion, he learned that the

However, at a 

"Chosin 

out" when it

The shells made a direct hit on a

On an evening in August 1951, the enemy shelled our
position with artillery.
building causing it to collapse.
the building at the time.
and his shoulder was broken.
and sent back to the field hospital.
each other at this time until forty years later at a
reunion.

(Petitioner) was inside
He received injuries to his arm
He was placed on a stretcher
We lost contact with

It was only during a Chosin Few reunion in 1991 that I
enlightened (Petitioner) that when he was injured I was the
one that helped to pull him out of the shelled building.

2

We also discussed how he became injured.
me that he was given a Purple Heart while still in the
hospital but he thought that he was injured because the
building had collapsed due to the weather and he refused
the medal...

(Petitioner) told

f.

The Navy and Marine Corps Awards Manual provides that

in order to be eligible for the Purple Heart Medal, an
individual must have been wounded or received injuries as a
direct, or indirect result of action against an enemy of the
United States.
required treatment by a medical officer.

Additionally, the wound or injuries must have

g.

At enclosure  

(2), an advisory opinion from the

The opinion notes that Petitioner has

In cases of this type, at least two eyewitness

Personnel Management Division, Headquarters, Marine Corps (HQMC)
recommends that Petitioner be awarded the Purple Heart Medal for
his injuries on or about 6 August 1951 while serving in the
Republic of Korea.
requested review of his eligibility for the Purple Heart on
numerous occasions over the past ten years.
no corroborating evidence that he was injured in a manner
consistent with the required criteria to be eligible for this
medal.
statements are required to corroborate the manner in which an
individual was wounded.
one eyewitness who can substantiate his account.
eyewitness statement fails to meet the criteria that is imposed
on all other Marines, HQMC has denied Petitioner's requests.
However, since Petitioner's story as to the nature of how he was
injured has consistently remained the same for over the decade,
the Head of the Awards Branch,
HQMC, believes the injuries were
incurred in a manner that is consistent with the awarding of the
Purple Heart.

Petitioner has only been able to find

However, there was

Since one

CONCLUSION:

In this regard, the Board found the eyewitness
It corroborates

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
statement in this case to be credible.
Petitioner's contention that his injuries were the result of
enemy action.
witness statement would be unjust and serve no useful purpose.
Therefore, The Board substantially concurs with the comments and

The Board believes that requiring a second

3

recommendation of the advisory opinion that Petitioner be
awarded the Purple Heart Medal.

RECOMMENDATION:

a.

That Petitioner's naval record be corrected to show

that he was awarded the Purple Heart Medal for injuries
sustained as result of enemy action on 6 August 1951.

b.

That Petitioner be issued the Purple Heart Medal and
be corrected to reflect the award of the

that his DD Form 214
medal.

C .

That a copy

of this Report of Proceedings be filed in

the record.

It is certified that a quorum was present at the Board's

4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.

/

ROBERT D. ZSALMAN
Recorder

ALAN E.-GOLDSMITH
Acting Recorder

Pursuant to the delegation of authority set out in Section 6

5.
(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6
(e)) and having assured compliance with its provisions, it is
hereby announced that the foregoing corrective action, taken
under the authority of reference (a),
Board on behalf of the Secretary of the Navy.

has been approved by the

Executive 

Di