ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  25 March 2019

	DOCKET NUMBER:  AR20180015380


APPLICANT REQUESTS:  reconsideration of his previous request for correction of his 
DD Form 214 (Report of Separation from the Armed Forces of the United States) by 
adding:

*	Purple Heart (PH)
*	Combat Infantryman Badge (CIB)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of 
Claim)
*	Army Board of Correction of Military Records letter, dated 15 November 2010
*	DD Form 214 
*	Medical records

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 AR20120002874 on 26 July 2012.  

2.  The applicant states he was awarded the PH while hospitalized in Honolulu, Hawaii.  
He states he served in combat at the 38th parallel in Korea and suffered injuries to his 
left leg.  

3.  The applicant’s record shows he was assigned to duty in Korea with Company E, 
14th Infantry, as a rifleman from 30 October 1953 to September 1954.  On 
20 September 1954, he departed Korea to travel to Honolulu, Hawaii, where he arrived 
on 2 October 1954.

4.  The applicant’s record contains a Standard Form 502 (Clinical Record Narrative 
Summary) dated 25 October 1954.  The applicant complained of pain and swelling in 
the left leg since December 1953.  He stated he had struck his leg on an engineer stake 
in Korea in December 1953.  Examination showed a muscle hernia in lower left leg.  
The available medical records indicate he had a surgical procedure performed on his 
left leg.  

5.  There is no medical evidence of a wound incurred as a result of hostile action, nor is 
there evidence indicate the applicant participated in any combat actions with his unit 
during his period of service in Korea. 

6.  On 29 April 1955, he was released from active duty.  Item 27 (Decorations, Medals, 
Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of 
his DD Form 214 shows the Korean Service Medal, Army Good Conduct Medal, United 
Nations Service Medal, and the National Defense Service Medal.  

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his 
DD Form 214 shows the entry “None.”  

8.  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.  

10.  Army Regulation 600-8-22 states there are basically three requirements for award 
of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily 
performing infantry duties, he must be assigned to an infantry unit during such time as 
the unit is engaged in active ground combat, and he must actively participate in such 
ground combat.  

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.  Based upon the preponderance of evidence, the Board 
agreed the applicant is not entitled to the Purple Heart nor did he show evidence he is 
authorized the CIB.  None of the evidence provided shows the applicant was wounded 
by hostile enemy forces, nor engage hostile enemy forces.  If there was evidence either 
did occur, the time frame of the qualifying incidents would have had to occur during the 
Korean War (27 June 1950 – 27 July 1953).  The applicant’s non-qualifying wound and 
incident occurred after a qualifying period.




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 AR20120002874 on 26 July 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.


ADMINISTRATIVE NOTE(S):

Not Applicable

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.  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.  However, there were sufficient 
documents remaining in a reconstructed record to conduct a fair and impartial review of 
this case.  

3. Army Regulation 600-8-22 (Military Awards) states there are basically three 
requirements for award of the Combat Infantryman Badge.  The Soldier must be an 
infantryman satisfactorily performing infantry duties, he must be assigned to an infantry 
unit during such time as the unit is engaged in active ground combat, and he must 
actively participate in such ground combat.  

4.  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.  
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180015380

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