RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 April 2008 DOCKET NUMBER: AR20070018486 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. Director Analyst The following members, a quorum, were present: Chairperson Member Member 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 reconsideration of his request for award of the Purple Heart. 2. The applicant states the incident occurred in the warm months of 1953 on a hill called “Ice Cream Cone.” His unit was hit by incoming rounds and they had many casualties. There were at least 25 dead and a lot more wounded. The applicant states that his right knee began to bleed. He cleaned it and thought nothing of it until the next day when it became infected and swelled up. He went to the field medic and he took two pieces of shrapnel out of his knee and bandaged it. The applicant continues that he has a statement from a former fellow Soldier who was with him the day the incident happened. 3. The applicant provides a witness statement from a former fellow Soldier, dated 19 October 2007. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070006968, on 29 November 2007. 2. The applicant's contentions are new arguments and the evidence provided is new evidence, which will be considered by the Board. 3. The applicant was inducted and entered the Army on 25 January 1952 and completed training as an infantryman. He was honorably released from active duty on 24 October 1953. 4. The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) with the period ending 24 October 1953 covers his service in Korea. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons or Authorized) does not show award of the Purple Heart. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "NONE." 5. The applicant submitted a witness statement from a former fellow Soldier assigned to his unit. The author stated, in effect, that he can verify that the applicant was wounded in the knee in Korea on Ice Cream Cone Hill, from incoming rounds and that a field medic treated the wound. 6. There is no evidence in the applicant's service personnel record that shows he was wounded or treated for wounds as a result of hostile action in Korea. 7. Army Regulation 600-8-22 (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 by medical personnel, and the medical treatment must have been made a matter of official record. When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but it is not sole justification for award of the Purple Heart. DISCUSSION AND CONCLUSIONS: 1. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in the available records and the applicant has not provided sufficient evidence that shows his injury was a result of hostile action. The witness statement submitted by the former fellow Soldier indicates that the applicant was treated for a wound to his knee, but failed to mention that he was present at the time of the actual incident. The statement also failed to clearly identify the relationship between the individual and the applicant. 2. The applicant's commander at the time of the incident must have been aware of the incident as well of the severity of the applicant's injury and his medical treatment. It appears the commander did not find it appropriate at that time to recommend the applicant for award of the Purple Heart. 3. Unfortunately, in the absence of military records which show the applicant was injured as a result of hostile action, there is an insufficient basis for award of the Purple Heart in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __PHM _ __JGH __ ___KSJ _ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 to amend the decision of the ABCMR set forth in Docket Number AR20070006968, dated 29 November 2007. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. __ _PHM _ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20070018486 4 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508