PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           11 OCTOBER 2001
	DOCKET NUMBER:   AR2001056921

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Jose A. Martinez		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to reflect award of the Purple Heart.  He states that he was wounded as a result of enemy action on 
9 October 1950 while in Korea.

3.  Records available to the Board indicate the applicant entered active duty on 
18 January 1949 and was assigned to Korea as an infantryman.  He was awarded the Combat Infantryman Badge in August 1950.

4.  On 9 October 1950 the applicant sustained a gunshot wound to his abdomen. An initial medical admission document indicates the applicant was "WIA" (wounded in action).  A medical admission statement, rendered on 10 October 1950 at the 64th Field Hospital, however, noted that the gunshot wound was accidentally incurred when the applicant "was shot by carbine bullet in Korea."  A 
19 October 1950 medical admission document, completed at the Tokyo Army Hospital in Japan, indicated the applicant's wound was accidentally incurred "when patient tripped over carbine" on 9 October 1950 in Korea.

5.  The official War Department Battle Casualty Report, rendered on 24 October 1950, which was used to notify the applicant's family, indicated the applicant had been "slightly wounded in action" on 9 October 1950.

6.  There are two "initial" AGO Forms 241 (Casualty Report) contained in the applicant's file.  Both reports indicate the applicant was on patrol when the jeep he was riding in had a flat tire.  "After the tire was changed the men were reloading into the vehicle [when] a carbine was accidentally fired, the bullet struck [the applicant] in the abdomen and came out through his back.”  One report lists the applicant as a battle casualty while the other one lists him as a nonbattle casualty.  A "supplemental" casualty report lists the applicant as a nonbattle casualty and notes the applicant "tripped over someones (sic) carbine climbing into jeep."

7.  The applicant was ultimately evacuated to the United States and underwent a Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB).  The MEB noted that the applicant "sustained an enemy rifle bullet wound…."  The PEB, which recommended the applicant be medically retired from the Army with a disability rating of 100 percent, concluded that the applicant's disability was "incurred in combat with enemy of the United States," and that it resulted "from explosion of instrumentality of war in line of duty."  It, like the MEB, indicated the applicant’s disability was related “to perforating enemy rifle bullet….”  The findings and recommendation of the PEB were approved and on 31 January 1952 the applicant was medically retired.  Although there is no indication the applicant was ever awarded a Purple Heart, item 29 (wounds received as a result of action with enemy forces) on his DD Form 214 (Report of Separation from the Armed Forces of the Untied States) contains the entry "9 Oct 50 Chong-ju Korea."
8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

9.  Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

CONCLUSIONS:

1.  The evidence clearly indicates the applicant sustained a gunshot wound while on a mission in Korea.  His records contain conflicting information regarding whether the wound was accidentally incurred or if it was the result of hostile action.

2.  However, the Board notes that the official War Department Battle Casualty Report, which was used to notify the applicant’s family of his wound, indicates the applicant was wounded in action.  The MEB and PEB, which served as the basis for the applicant’s retirement by reason of disability, also indicate the applicant’s wound was the result of enemy action.  The MEB and PEB proceedings were approved and item 29 (wounds received as a result of action with enemy forces) contains the 9 October 1950 wound information.  

3.  Although there is conflicting information regarding the source of the applicant’s wound, the applicant’s family, the MEB/PEB, and the applicant’s DD Form 214 all support the conclusion that the wound was incurred as a result of enemy action.  As such, the Board concludes it would be appropriate and in the interest of justice, in this particular case, to award the applicant a Purple Heart for the wound he sustained on 9 October 1950.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds sustained on 
9 October 1950 while in Korea.

BOARD VOTE:  

__JL____  __MDM__  __JAM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann Langston ___
		        CHAIRPERSON

INDEX

CASE ID	AR2001056921	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011011	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.