ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20180004102 APPLICANT REQUESTS: his DD Form 214 (Report of Separation from the Armed Forces of the United States), item 29 (Wounds) as per attached forms to show he was injured in Korea in 1952 by a Sniper and 1953 by a Mortar Round. He also requests the award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DA Form 20 (Qualification Record-Enlisted Personnel) * DA-2-1 (Personnel Qualification Record Part-II) * Standard Form 88 (Report of Medical Examination) * Standard Form 88 (Report of Medical History) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 the medics did not fill out his paperwork correctly. 3. A review of the applicant’s service record shows: a. The complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. b. He was inducted into the Army of the United States on 6 February 1952. c. His DA Form 20, item 46 (Record of Current Service) shows he served with Company K, 224th Infantry in Korea from 16 September 1952 through 10 July 1953. d. His DA Form 2-1, Section 4 (Service Outside of Continental United States) shows his time in Korea. Section 8 (Wounds Received through Enemy Action) does not show any wounds. e. His separation Report of Medical Examination, dated 2 November 1953 (notes) does not show any abnormalities. f. His report of Medical History, item17 (Statement of Examinees Present Health in Own Words) is listed as “Good”. 4. He was released to the Army Reserves on 5 November 1953 and his DD Form 214 shows he was awarded or authorized the: * Korean Service Medal with 2 Bronze Service Stars * Combat Infantry Badge * 1 overseas bar * United Nations Service Medal * National Defense Service Medal 5. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The Board found insufficient evidence to support the claim of being wounded in Korea and his medical records (SF 88) don’t show he was wounded in combat. 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 an entitlement and differs from all other awards. a. The Purple Heart is awarded for a wound sustained as a result of hostile action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed below. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. b. The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180004102 3 1