MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 May 1999                  
	DOCKET NUMBER:   AR1999024682

	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. Loren G. Harrell		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Margaret V. Thompson		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:  In essence, award of the Purple Heart.  

APPLICANT STATES:  Through his United States Senator, that he believes that he is entitled to award of the Purple Heart.  He states, in essence, that under the provisions of Army Regulation 600-8-22, specifically paragraphs 1-8b(6) and 
1-8g, that unusual circumstances existed in his case.  His unit (23rd Infantry Regiment) lost in excess of 1600 personnel between l6 July and 3 August 1952 in Korea.  If the remaining 500 personnel had all reported to the rear area for medical treatment, there would not have been any more effective soldiers in the unit.  He implies that many soldiers received “first aid” type help in the unit area, rather than seek professional medical treatment.  He challenges the requirement for eye witness statements (“’You do this for me, I’ll do that for you.’”).  He submits a Sworn (his own) Statement of Unusual Circumstances; a Sworn (his own) Statement of Medical Treatment; Pictures of Scars from Wounds (not received); and Statement of Opinion from a dermatologist.  Subsequently, he submitted statement from another dermatologist and another physician.

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

This request is a continuation of a prior request, acted upon by this Board on 
10 March 1999, to receive an award of the Silver Star due to the award of a Presidential Unit Citation with two oak leaf clusters.  The Board essentially denied his request, but noted that he was entitled to the award of a Republic of Korea Presidential Unit Citation (ROK PUC) and two additional bronze service stars (BSS) to his Korean Service Medal (KSM), a United States award.  

The applicant’s military records show that he had prior active service with the Army Air Force/United States Air Force from 9 August  1946 through 21 July 1949.  He was awarded the World War II Victory Medal for this service.

He enlisted in the Regular Army for 3 years on 19 April 1950 and was trained as an Infantryman, and the highest rank he attained was sergeant.  He was assigned to Korea on 12 September 1951, and served initially with a military police battalion, then from 10 May 1952 with Company D, 1st Battalion, 23rd Infantry (Regiment).  He served with this unit until 26 November 1952, when he was returned to the United States.  It is not entirely clear, but it appears he did undergo some medical treatment for mental stress problems between February and May 1953.  He received a separation-type medical examination on 27 April 1953 and was found fit for separation.  This report mentions an injury to his left knee, but no mention or record of scars to his body, to include his wrists or hands are shown. He was honorably discharged on 4 May 1953 at the expiration of his term of service.  

His DD Form 2l4 (Report of Separation from the Armed Forces of the United States) shows that he was awarded the Korean Service Medal, with two BSS, 
the United Nations (Service) Medal and the Combat Infantryman Badge.  There is no evidence of award of the Purple Heart while in combat.  The DD Form 2l4 also did not show entitlement to award of the ROK PUC and the two additional BSS to the KSM.  

The applicant reenlisted in the Regular Army on 29 December 1955, and his service thereafter was continuous until he was honorably released from active duty on 28 February 1970 and was placed on the Retired List on 1 March 1970.  His rank at the time of retirement was sergeant first class, pay grade E-7.  (Note: He voluntarily declined promotion to the rank of master sergeant, pay grade E-8, on 12 January 1970.)  He served initially as a Light Weapons Infantryman (military occupational specialty (MOS) 11B), then for a majority of this period as an Administrative Supervisor (MOS 71L).  He had an additional assignment in Korea for l6 months in 1956 and 1957, then had assignments in France, Vietnam and Germany.  His separation physical on 23 September 1969 made no mention of any scars or wounds to his body.  

His awards and decorations earned during the period from 1955 through 1970 included the Joint Services Commendation Medal, three awards of the Army Commendation Medal, five awards of the Good Conduct Medal, two awards of the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/60 device and four overseas bars.  

Various medical examinations conducted between 1955 (when he tried to reenlist and was denied) and 1970, show periodic references to scars to his left leg, his forehead, his left wrist, his right hand (fingers) and/or his neck, but not on every examination.  Further, none of these are explained by the applicant or found noteworthy of comment by military medical personnel conducting the examinations.  

The sworn statement from the applicant which outlined the unusual circumstances in his case, dated 6 August 1997, attests to his machine gun squad being attached to Company B of the 23rd Infantry.  The company suffered l72 casualties on the afternoon of 18 July, and his own squad suffered 
2 casualties.  The unit medic was killed by a mortar round.  All other medical personnel were required to assist at the Battalion aid station.  Thus, no qualified medical personnel were available to treat (or record) wounds received in his unit. 

In his second statement, with the same date, he claims that he received lacerations to his left wrist and both hands from barbed wire during a rescue operation of another American soldier on the night of l8-19 July 1952.  He claims he treated himself, washed the wounds with chlorinated water from his canteen and wrapped them with toilet paper.  They began to heal within 3 or 4 days and he never sought professional medical treatment.  
The pictures that he claims were with his application are not available, but the three medical doctors, to include two certified dermatologists, attest that he has scars on his left forearm/wrist which are well healed, but consistent with lacerations by barbed wire as long as 40 years ago.

A review of several inpatient examinations between late 1953 and 1956, at Veteran Administration (VA) facilities for anxiety reactions, moderate severity (referred to as combat neurosis at that time) shows no evidence of the scars referred to by the aforementioned dermatologists.  Medical authorities noted that the applicant claims to have had an injury to his left knee when he fell off a truck in Korea.  However, no long term injury was noted.  He was initially awarded an 80 percent disability rating by the VA for his anxiety problems, which was reduced to a 30 percent disability rating on 30 June 1954.  He held this rating until he reenlisted in the Regular Army on 29 December 1955.    

On 16 September 1963, and subsequently on 21 and 27 November 1963, while on active duty, the applicant requested award of the PH, essentially because of his treatment for mental problems between February 1953 and May 1953, and the subsequent disability rating by the VA.  He stated at that time that Army regulations did not preclude the award of the PH due to mental illness.

On 7 May 1964, the office of the Adjutant General, Department of the Army, denied the applicant’s request and stated, in pertinent part:  

“The Purple Heart was established primarily to be awarded to those individuals who were wounded in action.  For purposes of awarding the Purple Heart a wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of enemy action.  Mental abnormalities such as shell shock and neurosis, as well as other various diseases incurred while in combat, have never been recognized by the Department as wound for the purpose of awarding the Purple Heart.  A recent review of the criteria for award of the Purple Heart has reaffirmed the policy of excluding awards of the Purple Heart for other than wounds as defined above.”

Army Regulation 600-8-22, the current Army regulation in effect pertaining to military awards, 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.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant, in this case, has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant has failed to provide probative medical evidence of receiving a wound as the result of enemy action.  Further, his military personnel and medical records fail to show evidence of injury during combat operations in July and August 1952.

3.  Further, the Board does not accept his claim (sworn statement) of being cut by barbed wire on the night of l8-19 July 1952 as sufficient evidence of receiving a wound as the result of enemy action.  The statements from the physicians with his application support some evidence of scaring to his wrist and hand, but these physicians cannot attest to his receiving such injuries as the result of enemy action.

4.  Even if true, and accepting his claim of unusual circumstances concerning reporting/recording of his injuries at the time of the incident, the Board questions why he could not have reported his injuries some days later at the conclusion of the combat operation in 1952, or even at the time of his separation physical examination in April 1953.

5.  Subsequent references in his military medical file to various scars to parts of his body are likewise not conclusive of a combat injury in July l952.  

6.  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

_EMW___  __HOF__  __MVT__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024682	
SUFFIX		
RECON		
DATE BOARDED	19990520	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.