ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 July 2019 DOCKET NUMBER: AR20170018710 APPLICANT REQUESTS: a reconsideration of his previous request for award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Note * Authorized Issuance of Awards * Veterans Affairs Form 8-564 Rating Sheet * Letter of Support from JC * Letter of Support from JB 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 AR20100029768 on 6 June 2011 and AR20080000503 on 1 May 2008. 2. The applicant states he was injured in combat in Korea, and despite being told that his records were destroyed in the 1973 fire, he believes they were not. He states that he wants a thorough search of all of his records, including all morning records. 3. The applicant provides: a. A Department of the Army Authorization for Issuance of Awards document, that shows check marks next to Bronze Star, Purple Heart, Army Occupation Medal, Combat Infantryman Badge, National Defense Service Medal, United Nations Service Medal. b. Veterans Affairs (VA) Form 8-564 Rating Sheet that shows the applicant has service connected active psychosis. c. Letter of support from Mr. XX that states that he saw the applicant come into a medical aid station beyond his company headquarters in Korea with a wounded abdomen. d. Letter of support from Mr. XX that states that he was the driver for battalion chaplain, and that the chaplain and Mr. XX saw that the applicant was wounded with a bullet to the abdomen and helped the applicant get to the aid station for emergency care. e. Letter of support from Mr. XX that states he saw the applicant’s Jeep get hit by an artillery shell on the main supply route in Kuhmwha Valley, Korea. 3. A review of the applicant’s service records shows: a. Much of the applicant’s military records were not available for the Board to review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant’s records were lost in that fire. b. He was enlisted in the Regular Army on 1 June 1951. He served in Korea from 1 December 1951 to 22 December 1952 and served in Japan from 23 December 1952 to 23 July 1953. c. On 6 June 1954, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he completed 3 years of active service. It also shows he was awarded or authorized: * The Korean Service Medal with 3 bronze stars * United Nations Service Medal * National Defense Service Medal * Combat Infantryman Badge * Army Commendation Medal d. His DA Form 2-1 (Personnel Qualification Record) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 2 March 1974 and remained a member of the USAR until his retirement in 1994. No other records are available for this period of service. 4. There is no evidence of record in several typical sources that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart aside from the document the applicant provided. The only medical records available for review in this case do not have any injuries listed. 5. By regulation, the Purple Heart is awarded for a wound sustained while in action against and enemy or 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. 6. By regulation, 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. The ABCMR will decide cases on the evidence of record; it is not an investigative body. BOARD DISCUSSION: Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the request. 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 for correction of the records of the individual concerned. 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. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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. a. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. 5. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20. ABCMR Record of Proceedings (cont) AR20170018710 5 1