PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  13 April 2000
	DOCKET NUMBER:   AR1999031007

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Sherri V. Ward		Member	
	Ms. Celia L. Adolphi		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, in effect, that his records be corrected to show two awards of the Purple Heart and all other medals he should have.

3.  The applicant states that he was wounded twice at separate times but the clerks did not do a proper job.

4.  The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  This review is conducted with available records from alternate sources.

5.  His DD Form 214 (report of separation) shows that he enlisted and entered active duty on 19 October 1950 with over 1 year and 4 months prior active duty.  He was separated from active duty in the rank of corporal on 6 August 1951 after 9 months and 17 days service with 6 months and 24 days creditable as foreign service.  Block 29 (wounds) states “Shrapnel Chest left Buttocks 26 May 51 Chunchon, Korea”.  The Purple Heart is not listed as an authorized award.  He authenticated the DD Form 214 with his signature in block 48.

6.  Copies of morning reports pertaining to the applicant were obtained by the National Personnel Records Center.  One entry from his unit (tank company, 23rd Infantry Regiment) shows that he was transferred to a hospital after being LWA (lightly wounded in action) on 25 May 1951.  A 27 May 1951 field hospital patient disposition report shows the applicant listed with a diagnosis of contusion, chest LIA (lightly injured in action).  This was modified on 29 May 1951 to show abrasion, chest and right leg.

7.  A 29 May 1951 admission report for the general hospital in Japan lists his diagnosis as a NBI (non-battle injury), abrasion right chest wall, right leg, left buttocks when thrown against wall of truck.  This was modified on 10 June 1951 to show AI (accidental injury) against wall of tank.  A 20 and 21 June Station Hospital report changed the diagnosis to include result of enemy action.

8.  A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veteran’s service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  Searches of these files show that the applicant was admitted for treatment on 25 May 1951.  The final diagnosis available shows abrasion to hip and buttock from a tank accident.

9.  The applicant’s records also contain correspondence from him and a member of Congress.  The purpose of this correspondence was to locate medical records and files which would help support his claim with the VA of a back injury as a result of an accident in 1951 in Korea.  There was no mention of treatment for a wound or injury as a result of enemy action.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound 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, and the medical treatment must have been made a matter of official record.

11.  The regulation also provides that the United Nations Service Medal is an authorized foreign decoration to all soldiers who were awarded the Korean Service Medal.  Additionally, one bronze service star is authorized for each named campaign credited while assigned to an eligible unit for wear on the Korean Service Medal.

CONCLUSIONS:

1.  Notwithstanding several references to the applicant receiving either a wound or injury that was the result of enemy action, there are other official references to indicate that it was a non-battle injury caused by a tank accident.

2.  Additionally, there was no mention by the applicant in previous correspondence of treatment for a wound or injury as a result of enemy action.

3.  Although the exact length of his assignment in combat cannot be established from the available records it is reasonable to assume that he was present for a minimum of one campaign and is entitled to one bronze service star for the Korean Service Medal.

4.  The applicant is entitled to the award of the United Nations Service Medal.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that he was awarded the United Nations Service Medal and to one bronze service star for the Korean Service Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__FE___  __SW___  __CA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn__
		        CHAIRPERSON

INDEX

CASE ID	AR1999031007	
SUFFIX		
RECON		
DATE BOARDED	20000413	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PART	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.