ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 May 2019 DOCKET NUMBER: AR20170014517 APPLICANT REQUESTS: reconsideration of his earlier request for award of the Purple Heart and any other awards authorized. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation from the Armed Forces of the United States) FACTS: 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 AR20110022949 on 29 May 2012. 2. The applicant states he has been fighting the Army since 1954 for the Purple Heart and any other authorized medals for wounded Korea Veterans. He believes there is an injustice because no one has spoken to his Company Commander or S-3 officer about the booby trap during clean-up. He is frustrated watching other Veterans receive their awards after they pass away and he would like to share the medals with his grandchildren while he is still living. 3. A review of the applicant’s available service records show: a. He received the Certification of Military Service for his time in the Army of the United States from 13 February 1951 through 5 march 1954. b. A request for a Line of Duty Inquiry, dated 26 January 1952, requesting information on the details of the injury and location. The diagnosis was noted as amputation, traumatic, partial right thumb and index finger sustained on 18 January 1952 when a fire the patient was building exploded in an unknown place in Korea. c. The Commander’s Certificate indicated on 18 January 1952 at approximately 1700 hours the applicant sustained injuries during duty. The injury resulted from an explosion; however, there was no evidence of any trash fires in or near the tent. The applicant’s weapon showed no evidence of having been fired and two oil burning tent stoves were still burning. d. The Standard Form (SF) 516 (Clinical Record – Consultation Sheet) noted the timeline of treatment the applicant received from 26 January 1952 through 16 May 1952. Additional SF Forms 516 offered details on the operating procedures required to repair the partially amputated right thumb and index finger. e. The Clinical Record Brief identified several dates the applicant had surgeries to repair the injury from 30 January 1952 through 8 April 1952. f. The DD Form 261 (Report of Investigation – Line of Duty and Misconduct Status), dated 23 January 1952, noted the accident occurred unwitnessed and the exact cause is undeterminable. He was supposedly burning trash in or near the tent when the accident occurred. The findings included that it was in the line of duty and not due to misconduct. g. He was discharged from active service on 5 March 1954 with a general, under honorable conditions discharge. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he completed 9 months and 10 days of active service with 9 days of lost time and he previously served 2 years, 2 months, and 21 days of other service. It also shows he was awarded or authorized: * Korean Service Medal with one Bronze Star * United Nations Service Medal * National Defense Service Medal h. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214 shows the entry “None.” 5. By regulation, the Purple Heart is awarded for a wound/injury 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 medical personnel, and the medical treatment must have been made a matter of official record. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions and medical concerns were carefully considered. Although there is evidence he sustained an injury, there is no evidence he received wounds by enemy forces, which would entitle him to the Purple Heart under regulatory guidance. Based upon the preponderance of evidence, the Board agreed there was no error or injustice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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 to amend the decision of the ABCMR set forth in Docket Number AR20110022949 on 29 May 2012. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. Effective 19 May 1998, award of the Purple Heart is limited to members of the Armed Forces of the United States. 3. Army Regulation (AR) 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. It states the Purple Heart is awarded in the name of the President of the United States to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after, being wounded: * In any action against an enemy of the United States * In any action with an opposing armed force of a foreign country in which the Armed Forces of the U.S. are or have been engaged * While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party. * As the result of an act of any such enemy of opposing Armed Forces * As the result of an act of any hostile foreign force 4. AR 600-8-22 also states individuals injured as a result of their own negligence; for example, driving or walking through an unauthorized area known to have been mined or placed off limits or search for or picking up unexploded munitions as war souvenirs, will not be awarded the Purple heart, as they clearly were not injured as a result of enemy action, but rather by their own negligence. //NOTHING FOLLOWS//