MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:  30 March 2000
	DOCKET NUMBER:   AR1999032119

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

	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Hubert O. Fry		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  Award of a Purple Heart

APPLICANT STATES:  In effect, that he was wounded by grenade shrapnel lacerations to his leg and by concussion while in combat near Mundung-ni Valley, Korea, and on a reinforced combat patrol near Heartbreak Ridge, Korea.  He also experienced a sprained ankle while coming off the hill.  He provides a copy of his Silver Star Medal citation from the same period and a witness statement from his company commander who recommended him for the Silver Star.

EVIDENCE OF RECORD:  The applicant's military records show that:

He, a second lieutenant USAR officer, was called to active duty on 27 November 1950.  He served on active duty for 1 year, 8 months, and 7 days during which he served in Korea in the Korean War for 7 months and 11 days.  During this period, he was awarded the Silver Star for gallantry in action on 1 November 1951 near Mundung-ni, Korea.  He was also awarded the Combat Infantryman Badge and the Korean Service Medal.

The applicant’s DD Form 214 for the period 27 November 1950 to 3 August 1952 does not record any wounding.  His separation physical for the same period does not record any wound or wound scar.  His WD AGO Form 66, Officer’s Qualification Record, for the period 14 June 1950 to 3 August 1952 does not show record of any wounding.  The Silver Star Medal citation does not mention any wounding.

The 6 October 1961 witness statement from his company commander who recommended him for the Silver Star, only mentions that the applicant was sent to the aid station for a sprained leg but does not mention any wounding.  “My company was on the front all this time (October 1951 to February 1952), except for a few days when it was in reserve.  Lt. (the applicant) was in action during the entire time, and led his men day and night.  He was subjected to continuous enemy fire, and his unit suffered heavy losses.  Lt. (the applicant) was decorated at my recommendation for gallantry in action in the vicinity of Mundung-ni and Heartbreak Ridge, and received the Silver Star.  He led his men in numerous patrol and actions during this period.  At one point, I sent him to the medics in the rear for treatment of a sprained leg and a short rest.  The severe physical and mental strain of such a long period in action was beginning to have its effects, and although I was short officers at the time, I felt that he had to be rested if he was to continue in his capacity of an Infantry platoon leader.  I have never felt that the rest of a few days did more than relieve his physical condition.  The mental fatigue and strain remained.  This was aggravated by the fact that he had to stay at the front under pressure regardless of his condition.  Despite this, his performance was excellent.”

The applicant’s company executive officer rendered a statement on 21 November 1961 in support of a VA claim for the applicant.  “On 6 November 1951, I was a 
Lt. Executive Officer of Company A, 31st U.S. Infantry.  Lt. (the applicant) was a platoon leader in A Company at that time.  I had daily contact with Lt. (the applicant) for some time before and after the 6th of November.  On the 6th of November , Company A was ordered to launch an attack on a heavily fortified enemy position near the Korean village of Mun-Dong Ni (sp) which lies close to Heartbreak Ridge.  The attack progressed as planned with two objectives having been taken in short order.  The enemy reaction to this was to blanket the company with mortar and artillery fire as the lead elements of the company were engaged in close fighting with North Koreans on objective #3.  The grenade duel and mortar/artillery fire was about the heaviest I have experienced during the conflict in Korea during a period of 
21 months of service there.  The ridgeline occupied by the company was saturated by enemy fire and within a space of approximately 45 minutes, A Company suffered 
55 casualties.  During this action, Capt. H., the CO, was wounded and I assumed command of the company.  I observed Lt. (the applicant) throughout most of the action and after the withdrawal of  A Company.  Lt. (the applicant) suffered concussions as a result of the terrific enemy barrage and grenades which fell in the area.  Most of the men involved in the actual fire fight suffered shock because of the enemy fire and seeing so many dead and wounded in such a short period of time.  Many of these men, among which I count Lt. (the applicant), never reported minor wounds and wounds caused by concussions because they were needed to man defensive positions occupied by A Company on the night of the sixth.  During the month of October and part of November 1951, our company experienced almost daily engagements with enemy forces.  Lt. (the applicant) led several patrols.  On one occasion, I recall that he injured his ankle while on patrol.  During this period Oct/Nov 1951, not a single day went by without the company being subjected to enemy heavy artillery and mortar fire.”

One of the applicant’s squad leaders gave a statement on 21 November 1961 in support of a VA claim for the applicant.  “During October, we were moved near Mundung-ni where we made numerous patrols into enemy territory.  We made two platoon size attacks on one objective and finally a company attack was ordered.  The artillery, mortar fire and concussion grenade were the heaviest I experienced during my tour of duty in Korea.  During this attack we were subject to a great amount of shock and physical strain, as we lost between 50 and 60 men in about 
45 minutes of fighting.  The remaining men had no chance to report minor injuries or shock as we had to man defensive positions that night.  I noticed Lt. (the applicant) was becoming very nervous and complained  of minor headaches quite frequently.  Since we were so short of men at this particular time, he did not report this to the medics.”

According to AR 600-8-22, Military Awards, award of the Purple Heart is made to soldiers wounded, injured, or killed from an outside force or agent as a result of an action against an enemy or an act of any such enemy.  The wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  Wounds or injuries as a result of accident, to include explosive, aircraft, vehicular and other accidental wounds not caused by enemy action do not qualify for award of the Purple Heart.  Concussion injuries caused as a result of enemy generated explosions can qualify for award of the Purple Heart if observable physical injury occurs as a result of the concussion.  Just being subjected to concussion does not constitute concussion injury.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  For the period concerned, 14 June 1950 to 3 August 1952, the applicant’s officer qualification report, his discharge report (DD Form 214), his discharge physical, and his Silver Star citation do not show any record of wounding or injury as a result of enemy action.

2.  The three witness statements do not mention any wounding or injury to the applicant as a result of enemy action.  Two witness report that the applicant sprained his leg or ankle while on patrol but no indication was made that the sprain was as a result of enemy action.  It must then be assumed that the sprain was as a result of accident while traversing terrain and not caused by enemy action.  A sprain caused by accident and medical treatment of such a sprain do not qualify for award of the Purple Heart.

3.  While the applicant claims that he suffered minor shrapnel injuries to his leg, there is no evidence of record or supplied by the applicant to support this nor do the witness statements support this contention.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__BE__  ___EL__  ___HF__  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032119	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000330	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.