IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150004382 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 her husband, a former service member (FSM), be awarded a 4th award of the Purple Heart. 2. The applicant states the FSM received an injury to his head from an exploding mortar. 3. The applicant provides a Radiology Report for a computerized axial tomography (CAT) scan on 1 November 2014 and three printouts from an unknown data base (possibly from the Department of Veterans Affairs). 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. On 14 April 1943, the FSM was inducted into the Army of the U.S. and entered active duty the same day. He served in the Asiatic Pacific Theater from 10 November 1943 to 27 November 1945. He was separated on 18 December 1945. His WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) does not show he was wounded in action. 3. On 11 December 1946, he enlisted in the Regular Army. He immediately reenlisted on 25 January 1950. The exact date he entered Korea is not known. 4. The FSM's service medical records show the following instances where he was wounded in action in Korea: a. On 2 September 1950 he received a shell fragment penetrating wound in his left clavicle. b. A Supplemental Record from the 9th Regimental Combat Team Collection Station, dated 17 September 1950, shows he was wounded in action, shell fragments right upper and lower leg. c. A medical record shows on 27 November 1950, he was admitted to the 171st Evacuation Hospital with "wound, missile, gunshot, right hand, left leg." On 29 November 1950, he was transferred to Osaka Army Hospital, Osaka, Honshu, Japan. d. A Standard Form (SF) 513 (Consultation Sheet), dated 17 November 1952, stated he was wounded in action on 11 September 1950 when he received small shrapnel wounds to his right hip and a blast injury to his left ear. On 27 November 1950 he received a shrapnel wound to his left thigh and a gunshot wound to his right hand. e. An SF 513, dated 19 November 1952, stated he had received a blast injury to his left ear in Korea on 11 September 1950. 5. On 27 February 1953, he was discharged at the expiration of his term of service. The DD Form 214 (Report of Separation from the Armed Forces of the United States) issued at that time shows he was awarded the Purple Heart with 2 oak leaf clusters. Item 29 (Wounds received as a Result of Action with Enemy Forces) shows he was wounded in Korea on 1 September 1950, 17 September 1950, and 27 November 1950. 6. His orders for separation show he was separated not by reason of disability. 7. His name appears on the National Archives and Records Administration Korean War Casualty File as being "seriously wounded by missile" on 27 November (year not shown). Additional dates he was wounded in action are not listed. 8. The applicant provided a Radiology Report for a CAT scan performed on the FSM on 1 November 2014. He was a 90 years of age at the time and was referred for the CAT scan after he had not been able to sleep for 3 days and was confused at times. The findings indicated there was generalized atrophy with scattered hypodensities in the periventricular and subcortical white matter most suggestive of moderate chronic microvascular ischemic change. A possible foreign body was noted inferior to the right zygoma (cheek bone area). Clinical correlation was recommended to exclude a retained foreign body in the right facial soft tissues. 9. 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 FSM's service medical records document three instances where he was wounded in action in Korea. a. On 2 September 1950, he received a shell fragment penetrating wound to his left clavicle. b. On 11 September 1950, he received small shrapnel wounds to his upper (hip) and lower right leg and a blast injury to his left ear. c. On 27 November 1950, he received a shrapnel wound to his left thigh and a gunshot wound to his right hand. 2. His DD Form 214 shows he was awarded the Purple Heart with 2 oak leaf clusters. 3. The Radiology Report was for a CAT scan ordered due to a change in his mental state. As an incidental finding, it stated there was a possible foreign body in his right facial soft tissues. However, clinical correlation was recommended to exclude the presence of the foreign body. 4. There is no evidence the presence of a foreign body in his left facial tissues was substantiated with clinical correlation. If it was determined a foreign body was present, it would then be required to determine if, in fact, it was a fragment he received as a result of enemy action. 5. The applicant contends the FSM received an injury to his head from an exploding mortar. He did receive a blast injury to his left ear on 11 September 1950. If he received shrapnel to his face due to this blast, there would be no entitlement to an additional Purple Heart. Not more than one award of Purple Heart will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. There is no other record of a head injury in the FSM's service medical records. 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) AR20150004382 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004382 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1