RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 February 2007 DOCKET NUMBER: AR20060009898 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. X The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, award of the Purple Heart (PH). 2. The applicant states, in effect, that on 2 March 1953, while serving in the Republic of Korea (ROK), he received wounds to his left arm pit and to the back left side of his neck after another Soldier accidentally stepped on a mine field killing him. He states that his wounds were not documented in the morning report, only the unfortunate death of his fellow Soldier. He states he believes his wounds may not have been documented on the morning report because his unit was temporarily working mine fields with the ROK 1st Division and not the 9th Infantry Regiment, 2nd Infantry Division whom they usually supported. He also states that recently while talking to a retired Army Colonel, he was informed that he may be entitled to the PH since his injury took place in a hostile territory. He further states that he now requests that his records be reviewed to determine if he is entitled to award of the PH some 53 years after the fact. 3. The applicant provides a Self-Authored statement in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice that occurred on 7 November 1953. The application submitted in this case is dated 21 June 2006. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using his Separation Document (DD Form 214), Morning Reports (DA AGO Form 1), Office of The Surgeon General (OTSG) Hospital Admission Record, and Report of Medical Examination (SF 88). 4. The applicant’s DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 14 November 1951. It also shows that during his active duty tenure, he earned the Korean Service Medal (KSM) with 2 bronze service stars, United Nations Service Medal (UNSM), and the National Defense Service Medal. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “NA.” The applicant authenticated the DD Form 214 with his signature on the date of his separation. 5. The applicant's National Personnel Records Center (NPRC) file contains an OTSG Hospital Admission Records for 1952. This document confirms the applicant was admitted to a medical treatment facility in Korea in February 1952, and hospitalized for 6 days. It further shows that he was treated for Rubella (German measles), a non-battle related illness. 6. The NPRC file also contains Morning Reports (DA AGO Form 1), dated 25 February, 3 March 1953, and 12 April 1953. These reports give no indication that the applicant was wounded in action. It also includes a Report of Medical Examination (SF 88), dated 6 November 1953, which was completed on the applicant for separation purposes. This document is void of any indication that he ever sustained any injury to his left arm or neck, or that he was treated for a combat-related wound or injury. 7. On 7 November 1953, the applicant was honorably released from active duty after completing 1 year, 11 months, and 24 days of creditable active military service. 8. During the review of this case, a member of the Board staff reviewed the Korean War Casualty Roster. This search failed to reveal an entry pertaining to the applicant. 9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member of an Armed Force who is wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record. 10. Paragraph 9-25 contains guidance on the ROK Presidential Unit Citation (ROKPUC). It states, in pertinent part, that the Korean Government awarded the ROKPUC to those individuals who served during the Korean War. 11. The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. The Department of Defense approved acceptance and wear of the ROK-KWSM. To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. DISCUSSION AND CONCLUSIONS: 1. The applicant’s claim of entitlement to the PH was carefully considered. However, by regulation, in order to award a PH, it is necessary to establish that a member was wounded in action, that the wound required treatment by a medical officer, and this treatment must have been made a matter of official record. 2. The PH is not included in the list of awards contained on the applicant’s DD Form 214 and Item 29 contains the entry "NA", which indicates he was never wounded in action. The applicant authenticated the DD Form 214 with his signature on the date of his separation. In effect, his signature was his verification that the information contained on the separation document, to include the list of awards and Item 29 entry, was correct at the time the document was prepared and issued. Further, the applicant's name is not included in the Korean War Casualty Roster, the official DA list of Korea battle casualties. The veracity of his claim that he was injured in Korea is not in question. However, absent any evidence (medical treatment records, eyewitness statements, or record entries) that show his injuries were the result of enemy action, or that he was ever treated for a combat related wound by military medical personnel, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. 3. Records show the applicant should have discovered the alleged error or injustice related to award of the PH now under consideration on 7 November 1953. Therefore, the time for him to file a request for correction of any error or injustice expired on 6 November 1956. He failed to file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. 4. The evidence does show the applicant is entitled to the ROKPUC and the ROK-KWSM. The omission of these awards is an administrative matter that does not require Board action to correct. Therefore, administrative correction of his records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_ __XX__ _X_ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. 3. The Board determined that administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Republic of Korea Presidential Unit Citation and the Republic of Korea - Korean War Service Medal; and by providing him a correction to his separation document that includes these awards. _____X____ CHAIRPERSON INDEX CASE ID AR20060009898 SUFFIX RECON YYYYMMDD DATE BOARDED 2007/02/13 TYPE OF DISCHARGE HD DATE OF DISCHARGE 1953/11/07 DISCHARGE AUTHORITY AR615-363-5 . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY Mr. Chun ISSUES 1. 107 2. 3. 4. 5. 6.