BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160014455 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 BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160014455 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 for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. _____________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. BOARD DATE: 18 July 2017 DOCKET NUMBER: AR20160014455 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 award of the Purple Heart and its addition to his DD Form 214 (Report of Separation from the Armed Forces of the United States). 2. The applicant states he was wounded in combat but did not receive the Purple Heart. On 25 April 1951, while serving with Company B, 5th Regimental Combat Team, attached to the 24th Infantry Division in Korea, they were surrounded and ambushed by Chinese and North Korean troops. They lost all trucks, tanks, weapons, and escaped on foot until contacting blocking forces where they were transported out of the area. During this engagement, he was wounded with shrapnel to his forehead and right wrist. He should have been awarded the Purple Heart for those wounds. He is enclosing a picture of himself with a bandage on the forehead and bridge of nose covering the shrapnel wound. 3. The applicant provides: * transmittal letter from the Hubbard County Veterans Service Office, dated 9 August 2016 * Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim), dated 16 August 2001 * photograph of an individual holding a weapon * letter from J____ D. M____, dated 14 November 2002 * self-authored statement, dated 16 October 1950 CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's complete 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 that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he entered active duty on 16 October 1950. At the time of his separation he held an artillery specialty and his most significant duty assignment (i.e., last duty assignment) was with Battery C, 847th Field Artillery Battalion, Camp McCoy, WI. 4. He was honorably discharged on 17 July 1952. His DD Form 214 shows he completed 1 year, 9 months, and 2 days of active military service of which 1 year and 8 days were foreign service. His DD Form 214 also shows he was awarded or authorized the: * Korean Service Medal with two bronze campaign stars * United Nations Service Medal * Combat Infantryman Badge 5. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "NA [Not Applicable]." 6. His reconstructed records do not contain orders awarding him the Purple Heart. 7. His medical records are not available for review with this case and his name is not shown in the Korean Casualty File. 8. He provided a letter from J____ D. M____, dated 14 November 2002, who states he is writing regarding the applicant of Baker Company, 5th Regimental Combat Team, 24th Infantry Division, during the Korean War. They were assigned to many companies together and they were very lucky to survive. He and the applicant received shrapnel wounds in 1951. They were both told they would receive the Purple Heart but have not been able to obtain this medal. 9. He also provided a photograph of an individual holding a weapon as well as a self-authored statement in which he states: a. He was drafted into the Army and was sent to Fort Leonard Wood, MO, where he repaired windows, doors, and cleaned the barracks for incoming troops. Fort Leonard Wood had been shut down after World War II. He was then sent to Camp Pickett, VA, in December where he helped the Maryland Army National Guard clean and repair the camp, for it also had been shut down. b. In February 1951, he was sent home for a few days and then to Korea through California. He arrived in March and was involved in many firefights, day and night. On 25 April 1951, they were retreating and blocking for other elements of the 24th Infantry Division to pass through. They ran into an ambush and were retreating; they had Chinese and Koreans surrounding them while they were fighting their way back. They lost all their trucks and artillery, and many of their troops were killed. They also killed many enemy soldiers. c. He was hit by mortar shrapnel in his forehead and also in his wrist. Those who survived regrouped and formed another blocking line. From then on, their company did a lot of patrolling and outpost duty. Toward summer's end they were in an outpost when a mortar shell landed by his foxhole. The mortar shell blew him out of the hole and he rolled downhill. A Korean mortar shell went into the ground before it blew. His right hip and leg have given him a lot of pain over the years. The explosion caused him terrible ringing in his ears. He went to the aid station. He was there for 3 days and then went back to the hill for more war. d. In the fall of 1951, August-September, they were attacked at night by the Chinese and Koreans who were screaming, blowing whistles, and charging up the hill. They were pushed back and when morning came, they had killed many [enemy soldiers]. His unit pulled back to the company area. A buddy of his had a nervous breakdown and spent the rest of his life in a Soldier's Home. His buddy couldn't take it and even he felt he couldn't take it many times. It seemed that their regiment was always out front and many times the Soldier next him was shot down. e. He was scheduled to rotate and return to the United States in October after 6 months, but they lost so many Soldiers that he had to stay another 6 months. The trauma of the past and the nightmares go on and on. It was a terrible year and the scars do not heal. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. b. Examples of enemy-related injuries which clearly justify award of the Purple Heart are injuries caused by enemy bullet, shrapnel, or other projectile created by enemy action; injuries caused by an enemy-placed mine or trap; injuries caused by enemy-released chemical, biological, or nuclear agents; and injuries caused by a vehicle or aircraft accident resulting from enemy fire. DISCUSSION: 1. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury or wound was the result of hostile action, the injury or wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. 2. The applicant provided a photograph, a description of his service in Korea, and a statement from another individual. However, none of these documents confirm he was injured as a result of hostile action or treated for any wounds or injuries. There is no evidence in his reconstructed records and he did not provide any evidence that shows he was wounded or injured as a result of hostile action, treated for such wounds, or that his treatment was made a matter of official record. 3. In the absence of documentary evidence that shows he was wounded or injured as a result of hostile action and treated for those wounds, regrettably, the criteria for award of the Purple Heart is not met. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014455 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014455 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2