ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 January 2020 DOCKET NUMBER: AR20180003950 APPLICANT REQUESTS: in effect that the following corrections be made: * casualty report to reflect the jeep wreck was caused by enemy fire * that his medical report of injury reflect his race is “Negroid” instead of “W” (white) * that he be awarded the Purple Heart (PH) Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * letter order to award the Combat Infantryman Badge (A-11) * casualty disposition report dated 31 January 1951 (A-1) * Morning Report dated 2 February 1951 (A-9) * Morning Report dated 5 February 1951 (A-4) * Medical Record dated 10 February 1951 (A-5) * Morning Report dated 10 March 1951 (A-6) * DD Form 214 (Report of Separation) ending 12 August 1953 (A-3) * portion of Service Record (A-8) * National Personnel Records Center letter dated 24 December 2003 (A-12) * VA Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD) (A-2) * U.S. Army Human Resources Command (HRC), Awards and Decoration Branch letter dated 31 July 2015 (A-10) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC) §1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he is requesting correction to his casualty/morning reports. Specifically, he was requests that his casualty disposition report, dated 31 January 1951 be corrected to reflect the “jeep wreck was caused by enemy fire”, and on the disposition on the morning and medical record which reads “duty” needs to be deleted, and for his race to be corrected, at his request, to read “Negroid”. During the mission briefing, they were told that intelligence lost the Chinese and North Koreas and their mission was to find them. The special order was to use every available means to avoid capture. The officer in charge was surveying the surrounding area while he was driving over barren mountainous terrain at speeds of 10 to 15 miles per hour when their jeep was struck by enemy fire. He was injured and remained hospitalized for more than 3 weeks. In early 2015, he was advised that he may be entitled to receive the PH. However, Department of the Army stated that with no mention of enemy action the award of the PH could not be authorized. 3. The applicant provides: a. Letter orders to award the Combat Infantryman Badge (CIB) for performance of duty in ground combat against the enemy effective 12 November 1950. b. Casualty disposition report, dated 31 January 1951, which he received treatment for contusions to left thigh, left arm, and face on 25 January 1951 at about 1430 hours at Ansong, Korea when he was involved in a jeep wreck. His disposition was duty and his race was listed as “W” for white. c. Morning Report at Miyang, Korea, dated 2 February 1951, shows he was hospitalized on 25 January 1951. Record of events shows in defense of Miyang there was no enemy contact. d. Morning Report at Miyang, Korea, dated 5 February 1951, shows he was reassigned to the hospital. e. Medical report, dated 10 February 1951, shows he was under observation, which was categorized as line of duty and his race was listed as “colored”. f. Morning Report, dated 10 March 1951, shows he was assigned from 3rd Replacement Company as of 1 March 1951. Record of events shows in defense of Miyang there was no enemy contact. g. A portion of his service record, which shows in section 7 (Combat Record) that he was in Korea from 12 November 1950 to 14 June 1951. h. National Personnel Records Center letter, dated 24 December 2003, provided his personnel records but his medical records where not located. The NPRC verified that he was entitled to the Good Conduct Medal 2nd award, Army of Occupation Medal with Japan clasp, National Defense Service Medal, Korean Service Medal with three bronze service stars, CIB (1st Award), United Nations Service Medal, Sharpshooter Badge with Carbine Bar and Rifle Bar, and Parachutist Badge. i. VA Form 21-0781, shows he was awarded a 30 percent disability rating for post- traumatic stress disorder (PTSD) and depression as of 15 March 2015. j. Letter from U.S. Army Human Resources Command, dated 31 July 2015, states that since his medical and personnel records do not reflect that he sustained wounds due to contact with or attach from the enemy, the Purple Heart Medal could not be awarded. If other evidence or witness statements could be provided the request would be reconsidered. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA) on 10 July 1947. His WD AGO Form 21 (Enlistment Record Regular Army) shows his race as “colored”. b. WD AGO Form 24A lists his race as “Negro or colored”. He served in Korea from 12 November 1950 to 14 June 1951. c. He was discharged from active duty on 28 June 1950 with an honorable characterization of service. His DD Form 214 shows that he completed 2 years, 11 months and 19 days of active service and his race was listed as Negro. d The applicant had multiple reenlistments where his race was listed as “Negroid”. e. He was discharged from active duty on 21 January 1961 with an honorable characterization of service. His DD Form 214 (Report of Transfer or Discharge) shows that he completed 7 years, 1 month, and 221 days of active service and his race is listed as “Negroid”. 5. By regulation 40-403 (Medical Service Health Records), establish the health record in the Army, and include instructions for its preparation, maintenance, and disposition. As a concise but comprehensive medical history of each individual on active duty, the primary purpose of the record is to insure that information of value in the medical care of an individual is constantly available to medical service personnel, except, of course, during active combat. BOARD DISCUSSION: 1...After reviewing the application and all supporting documents, the Board found partial relief was warranted. The applicant’s contentions were carefully considered. The Board determined that his race should be corrected on the casualty report, dated 31 January 1951 to show his race as “Negroid” instead of “W” (white) pursuant to the applicant’s request. Furthermore, the Board found insufficient evidence to warrant relief in correcting the casualty report to show his accident was the result of enemy action. 2. The Board determined that there was no medical record showing the applicant received wounds caused by enemy forces. Although the applicant was in a vehicle accident, it was determined in the available evidence, that no enemy was present at the time of the accident. Therefore, the Board determined he did not meet the requirements to be awarded the PH. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his race on the casualty report, dated 31 January 1951 to reflect “N” for “Negroid” pursuant to his request, instead of “W” for “White”, which is currently listed. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. 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 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 672-5-1 (Decorations and Awards), in effect at the time, provided that the PH was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The PH 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 PH 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. 4. Army Regulation 40-403 (Medical Service Health Records), establish the health record in the Army, and include instructions for its preparation, maintenance, and disposition. As a concise but comprehensive medical history of each individual on active duty, the primary purpose of the record is to insure that information of value in the medical care of an individual is constantly available to medical service personnel, except, of course, during active combat. a. Paragraph 21 (Entries in health record forms), the health records is normally in custody of medical and dental officers responsible for insuring that information is promptly and accurately entered in health records forms. b. Paragraph 37, (Theater modifications), health records will be maintained for U. S. military personnel in combat areas. The procedures outlined herein relieve combat medical officers of custody of health records, and provide for making maximum use of carbon copies of individual medical records. Commanders of combat theaters are authorized to designate units or areas to which these special provisions will apply, and to modify subsequent provisions of this section and of other sections of these regulations as may be necessary in the prevailing military situation. 5. Army Regulation 40-66 (Medical Record and Quality Assurance Administration), sets policies and procedures for the preparation and use of Army medical records and the administration of the Army's Quality Assurance Program. Wound or injury incurred in combat, in addition to the details described records on wounds or injuries incurred in combat must state the wound resulted from enemy action. The abbreviation WIA (wounded in action) will be used. However, this abbreviation by itself is not acceptable as a diagnosis. The kind of missile or other agent that caused the wound, the time the wound occurred, the general geographic location where the person was wounded. Entries such as "near Taegu, Korea" are sufficient; map coordinates alone are not. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180003950 5 1