IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160011092 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ___x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160011092 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160011092 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of the Board's denial of his previous applications to show his combat action during the Korean War. 2. The applicant provided a new statement stating, "This is where I was." It was attached to his evidence. 3. The applicant provides an excerpt from Combat Actions in Korea, Chapter 17, Heartbreak Ridge, from the U.S. Army history website as new evidence in support of his application. In addition he provided – * DD Form 214 (Report of Separation from the Armed Forces) * Army of the United States Retirement Certificate dated 30 June 1952 * Letter to National Personnel Records Center (NPRC) dated 8 September 2010 * Letter to applicant from NPRC dated 1 October 2010 * Army Board for Correction of Military Records (ABCMR) Docket Number AR20100026125, dated 6 May 2011, with supporting documents * Letter from Army Review Boards Agency dated 8 August 2011 * ABCMR Docket Number AR20120008501 dated 7 August 2012 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 ABCMR in Docket Number AR20120008501 on 7 August 2012. 2. The applicant enlisted in the Regular Army on 6 February 1951. He was trained in and awarded military occupational specialty 9666 (Medical Technician or Medical Aidman). 3. Within his record is a DA Form 20 (Soldier Qualification Record) showing in item 29 (Record of Current Service) he served with the Medical Company, 23rd Infantry Regiment in Korea and his principal duty effective 28 September 1951 was radio operator. On or about 3 November 1951 his principal duties changed to litter carrier in the litter section within the same medical company. 4. On 10 January 1952 the medical evidence shows the applicant was wounded by a gunshot to his right eye when an American Soldier's .38 caliber automatic weapon accidentally discharged. He suffered a superficial non-penetrating wound to his abdomen and deep corneal abrasion or laceration to his right eye. He underwent numerous surgeries resulting in the removal of his eye on 24 March 1952. By May he was fitted with a prosthesis. Based on the loss of his eye, his record underwent a physical evaluation board. 5. Within his physical evaluation board documents, it repeatedly states his gunshot wound was the result of an accidental discharge that occurred in Korea while assigned to the Medical Company, 23rd Infantry Regiment. His wound was determined to be in the line of duty. On 11 June 1952, a physical evaluation board convened and considered his medical and personnel records determining he was medically unfit for continued military service. The board further determined he had a 40 percent disabling rating due to the loss of his eye. Based on his disability rating, the board recommend permanent disability retirement. 6. On 27 June 1952 the applicant's physical evaluation board proceedings were approved on behalf of the Secretary of the Army. 7. On 30 June 1952 the applicant was retired due to permanent physical disability. He was issued a DD Form 214 and a Certificate of Retirement. His DD Form 214 contains the following pertinent information: * item 26 (Foreign and/or Sea Service) – 5 months and 26 days * item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – Korean Service Medal * item 28 (Most Significant Duty Assignment) – Medical Company, 23rd Infantry Regiment * item 29 (Wound Received as a Result of Action with Enemy Forces) – none 8. The applicant's first application is shown as Army Docket Number AR20100026125 in the agency case management tracking system. He requested his record show he was engaged in combat action. The Board determined he was requesting correction to item 29 to show he was wounded in action against enemy forces and the Combat Medical Badge. The Board denied the applicant's request on 5 May 2011 because his wounding was accidental and not incurred by enemy action. The Combat Medical Badge was denied because he was not assigned to an infantry unit nor was there evidence to show he actively engaged in combat action. The Board granted partial relief by awarding him the Army Good Conduct Medal and adding all his authorized awards and service medals to his DD Form 214. 9. On 9 August 2011, a DD Form 215 (Correction to DD Form 214) was issued deleting the Korean Service Medal and added the following medals for his service in Korea. * Army Good Conduct Medal * National Defense Service Medal * Korean Service Medal with two bronze service stars * Republic of Korea War Service Medal * United Nations Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Republic of Korea Presidential Unit Citation 10. The applicant appealed the 9 August 2011 decision. In his appeal he stated, "My concern, and the reason for initiating the request was to be genuinely recognized for the service [he] rendered as a combat medic, and have [his] service record corrected accordingly. I had long ago accepted the loss of [his] eye, but will never accept the loss of the service [he'd] given in the Korean War." He furthered argued medals are a poor substitute for the recognition he earned and deserves. 11. On 7 August 2012, the Board consisting of new members met and reconsidered the applicant's first application. The Board denied his request for reconsideration stating that at the time of the applicant's retirement there was no provision for recording combat service on the DD Form 214. The Board considered correcting item 29 and awarding him the Combat Medical Badge. 12. The applicant provided a written article from the www.history.army.mil website concerning "Heartbreak Ridge," wherein he asserts he was there at Hill 520 also known as Heartbreak Ridge. Part of the ridgeline was held by enemy forces including Hill 520, when Company G, [2nd Battalion], 23rd Infantry Regiment was ordered to attack and secure the hill. The fighting which lasted 4 hours on 10 October 1951 was severe with many United States casualties. The company with support from the battalion met their objective and secured the hill. There are no personnel rosters included within this article. A few names are noted in the article; however, the applicant's name was not found in the article. In addition, the article does not identify the attachment of medics to Company G, the primary unit ordered to attack enemy forces on the hill. REFERENCES: 1. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 635-5 (Administrative Separation – Administrative Separation Procedures and Forms) in effect at the time, stated the purpose of a separation form was to provide the Soldier with documentary evidence of his military service. It is a vital record for interested Government agencies which assist the Veteran in obtaining the rights and benefits to which he or she is entitled. The separation form was issued to each Soldier who was discharged, retired, or relieved from active duty. At the time, there was no requirement to record combat service or the location of foreign service on the DD Form 214. 3. Army Regulation 600-8-22 (Military Awards) currently in effect, prescribes the Department of the Army policy, criteria, and administrative instructions concerning individual and unit awards. United States Army decorations are awarded in recognition of heroism, meritorious achievement or service. a. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954. c. The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. d. The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non- consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. DISCUSSION: 1. In previous decisions the Board corrected the applicant's record by updating his authorized awards, decorations and service medals. There are three service medals shown in his records documenting his Korean War service. The medals are the Korean Service Medal, the United Nations Service Medal, and the Republic of Korea War Service Medal. While the applicant in his rebuttal to the Board's first decision discounted the medals he received for his war service, by regulation these service medals genuinely recognize his service to his country in a combat zone. 2. His DD Form 214 does show he was a "combat medic" in an active combat war zone though it does not show he definitely participated in "active combat." First, there is no provision within the regulatory guidance authorizing the phrase "active combat" on his DD Form 214 or other document maintained in his personnel record. Secondly, his DD Form 214 documents his foreign service of 5 months and 26 days. Finally, his DD Form 214 shows he held a medical military occupational specialty while in a combat zone. His DA Form 20 further states his principal duty title effective 3 November 1951 was litter carrier in the litter section of a medical company assigned to an infantry regiment. 3. The applicant provided an article from the U.S. Army history webpage documenting the actions of Company G on 10 October 1951. The applicant asserts he was there and presumably participated in combat action. He performed radio operator duties from his date of assignment to the Medical Company until on or about 3 November when he was assigned duties as a litter carrier. 4. The applicant's record clearly documents his foreign service (combat service) in Korea as a medical specialist. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011092 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011092 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2