ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 August 2019 DOCKET NUMBER: AR20180010008 APPLICANT REQUESTS: award of the Purple Heart and a change to item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 (Report of Separation from the Armed Forces of the United States). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Letter, dated 13 June 2018 * Letter, Awards and Decorations Branch (ADB), U.S. Army Human Resources Command (HRC), dated 5 Jun 2018. 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 he wants his DD Form 214 changed to show he was wounded by actions of the enemy. He wants the command report of the 23rd Infantry Regiment for the month of July 1953 corrected to show that the explosion on 28 July 1953 was not an accident. 3. The applicant provides: a. A self-authored letter in response to the denial letter he received from ADB of HRC. He states the official records (Command Report of the 23rd Infantry for the month of July 1953) of the ammunition blast of 28 July 1953 are not correct. The explosion was not an accident. He was the only witness who saw the Chinese soldier (the enemy at the time) throw the white phosphorus (WP) grenade into the ammunition stacks. Everyone else was either dead or wounded. At the 25th Station Hospital in southern Korea, one of the nurses informed Private/PVT X__ and the applicant that they had a Chinese prisoner that had been wounded in the same explosion. He and PVT X__ viewed the sedated and bandaged Chinese prisoner and determined, he looked like the one that threw the grenade, but was not sure of it. Lastly, he states the report of the ammunition explosion on 28 July 1953 was written by people who were not there at the time. b. The denial memorandum from HRC, dated 5 June 2018, which shows that his request for the Purple Heart was not favorably considered. The memorandum states, without significant evidence, they cannot authorize award of the Purple Heart. It also informs the applicant of his right to submit a final appeal to ABCMR if he found the response to be unfair or unjust. 4. The applicant’s service records shows: a. He was inducted into the Armed Forces of the United States on 6 November 1952 as a private/(E-2). b. He served in Korea with Company B, 23rd Infantry Regiment. His specific dates of overseas service are not readily available. c. There was a fire at the National Personnel Records Center (NPRC) on 12 July 1973. The fire destroyed the major portion of the records of Army military personnel for the period 1912 through 1959. NPRC believes the applicant’s records were lost or destroyed in that fire. Fortunately, there are alternative records sources that often contain information, which NPRC uses to reconstruct service record data. The majority of the applicant's records are not available for review. The reconstructed record is void of documentation or orders authorizing him the Purple Heart Medal. d. An excerpt from Letter, Subject: Command Report for Month of July, Headquarters 23rd Infantry Regiment, dated 14 August 1953 and Information from the Hospital Admission Cards Created by the Office of the Surgeon General, Department of the Army (1942 – 1945) and (1950 – 1954) indicates the explosion was determined to be an accident. e. He was honorably released from active duty on 5 November 1954 and transferred to the U.S. Army Reserves. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he completed 2 years of active service. It also shows he was awarded or authorized: * Combat Infantryman Badge * United Nations Service Medal * Korean Service Medal with one bronze star * National Defense Service Medal 4. Army Regulation 615-673 (Separation Documents) superseded by 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214: a. By regulation the DD Form 214 is to provide the individual with documentary evidence of their military service. It is a vital record which assist the Veteran in obtaining the rights and benefits to which they are entitled. It is important that information entered thereon is complete and accurate. All entries must be verified against source documents for completeness and accuracy. b. It states for Item 29 (Wounds) to enter chronologically each wound received as a result of enemy action during the period covered by the DD Form 214 being prepared. Show both date and place of action if recorded on records available at the time of separation. If records not available, the terminology “No records available” will be entered. The theater of operation in which the action occurred may be entered if exact location is not recorded. 5. Army Regulation 600-8-22 (Military Awards) states 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 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. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration 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 the sole justification for award. b. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function. 6. Army Directive 2011-07 (Awarding the Purple Heart), dated 18 March 2011, provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart. a. Approval of the Purple Heart requires the following factors among others outlined in Department of Defense Manual 1348.33 (Manual of Military Decorations and Awards), Volume 3, paragraph 5c: wound, injury or death must have been the result of an enemy or hostile act, international terrorist attack, or friendly fire and the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the Soldier's medical record. b. 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 Soldier’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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence provided by the applicant and found within his military service record, the Board concluded there was insufficient evidence to show that the injuries included by the applicant were as a result of enemy contact and not an accident as outlined in several of the supporting documents. For that reason, the Board recommended denying the applicant’s requested relief. 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 (AR) 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 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. b. 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 above. 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. c. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration 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 the sole justification for award. d. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function. 3. Army Directive 2011-07 (Awarding the Purple Heart), dated 18 March 2011, provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart: a. Approval of the Purple Heart requires the following factors among others outlined in Department of Defense Manual 1348.33 (Manual of Military Decorations and Awards), Volume 3, paragraph 5c: wound, injury or death must have been the result of an enemy or hostile act, international terrorist attack, or friendly fire and the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the Soldier's medical record. b. 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 Soldier’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. 4. AR 615-673 (Separation Documents) superseded by AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. ABCMR Record of Proceedings (cont) AR20180010008 5 1