ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 August 2019 DOCKET NUMBER: AR20190001167 APPLICANT REQUESTS: a. correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show: * he was wounded in action in Korea * award of the Purple Heart b. correction of his Department of Veterans Affairs (VA) Hospital Card to show he received wounds as a result of hostile action. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Self-authored letter, dated 17 July 2017 * Physician's Statement, dated 15 August 2017 * VA Form 526EZ (Notice to Veteran/Service Member of Evidence Necessary to Substantiate a Claim for Veterans Disability Compensation and Related Compensation Benefits), undated 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 (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: a. He sustained injuries to his legs and mouth during his assignment in Korea when a portion of a mountain he and other Soldiers were standing on broke away. He fell approximately 30 to 40 feet and he received major injuries. b. He was caught up in a tree that protruded from the side of a mountain and he had to be airlifted. c. He served in Korea for 2 years during combat and guarding prisoners of war. d. He deserves to have his injuries incurred during wartime added to his VA hospital card and on his DD Form 214. e. Since his discharge he has had maxillofacial surgery, rebuilding of his whole jaw bone, upper and lower teeth removed, and he needs knee surgery. f. There have been cases of people receiving Purple Hearts for broken toes and some for broken fingers playing ball in the Army. He questions why he is not entitled to Purple Heart. He desires to have service-connected shown on his VA hospital card for benefits. 3. The applicant's request for correction of his VA hospital card to show he was wounded in action is not within the purview of the ABCMR. Therefore, this portion of his request will not be discussed further in these Record of Proceedings. 4. His records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected to show award of the Army Good Conduct Medal (1st Award) and Combat Infantryman Badge. 5. The Board will address the applicant's request for correction of his DD Form 214 to show he was wounded in action and award of the Purple Heart. 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) – he served in the Republic of Korea for 18 months; however, the inclusive dates for his service Korea are not indicated. b. item 40 (Wounds) – no entry [blank] c. item 41 (Awards and Decorations) – award of the: * Korean Service Medal with one bronze service star * United Nations Service Medal * National Defense Service Medal * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge 7. On 7 September 1955, he was honorably released from active duty. He completed 3 years and 1 day of active military service. His DD Form 214 shows in: a. item 26 (Foreign and/or Sea Service) – 1 year, 5 months, and 29 days, b. item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Korean Service Medal with one bronze service star * United Nations Service Medal * National Defense Service Medal c. item 29 (Wounds Received as a Result of Action with Enemy Forces) – the entry "None." 8. The applicant provided a self-authored letter to the VA, dated 17 July 2017, in which he stated: a. The "Republic of Korea and Combat Service" Medal were mailed to him by the Air Force and the Korea Defense Service Medal and United Nations Service Medal were mailed to him by the Army. He also received the New York Medal of Merit. b. He explained how he incurred his injuries in Korea and added the fact that a jeep took him to the hospital and he had no idea what happened to the other Soldiers. His legs and mouth were injured and bleeding. His legs stayed swollen for approximately 3 weeks. c. He applied for disability on three occasions but to no avail. All he was ever told was to expect paperwork, but none ever came. A few years later, he had maxillofacial surgery and rebuilding of his jaw bone. He still wants to apply for service-connected disability with the hopes someone will help him 9. He provided a letter, dated 15 August 2017, from a physician, S____ T____, Mount Carmel Medical Group who stated: a. The applicant was on a mission searching for escaped prisoners in the Korean War when the mountain he was on gave way and he fell, landing on a tree suffering injuries at that time to his knees and his mouth. b. Since then, the patient has had reconstructive jaw surgery and persistent knee discomfort which has been getting worse over the last few years requiring intra-articular injections. The applicant was airlifted at the time of his initial injury. 10. His available records are void of any evidence of his injuries were incurred in Korea. ? BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the requested relief was not warranted. The applicant’s contentions were carefully considered. The evidence shows the applicant was not wounded by direct contact with enemy forces, and furthermore, the record is absent evidence showing he was injured during the Korean War. The Board determined he did not meet regulatory guidance for entitlement to the award of the Purple Heart. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: 1. 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. 2. However, prior to closing the case, the Board did note the administrative notes below from the analyst of record and recommended those changes be completed to more accurately depict the military service of the applicant. 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): A review of the applicant's records shows he was awarded or authorized the following awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected by adding the following awards: * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR's jurisdiction under Title 10, U.S. Code, section 1552, extends to any military record of the Department of the Army. The ABCMR does not have the authority to modify or correct VA records. 3. 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 to members of the Armed Forces of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, have been wounded, were killed, or who have died or may hereafter die of wounds received under any of the following circumstances: (1) in any action against an enemy of the United States; (2) in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; (3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; (4) as the result of an act of any such enemy of opposing Armed Forces; (5) as the result of an act of any hostile foreign force; (6) after 28 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate Armed Services concerned if persons from more than one service are wounded in the attack; (7) after 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; (8) service members who are killed or wounded in action by friendly fire; (9) a former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war (or while being taken captive); or (10) service members killed or wounded in attacks by foreign terrorist organizations. 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 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. c. 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. d. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. (2) Injury caused by enemy-placed trap or mine. (3) Injury caused by enemy-released chemical, biological, or nuclear agent. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Concussion injuries caused as a result of enemy-generated explosions. (6) Mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. e. Examples of injuries or wounds which clearly do not justify award of the PH are as follows: (1) Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). (2) Trench foot or immersion foot. (3) Heat stroke. (4) Food poisoning not caused by enemy agents. (5) Chemical, biological, or nuclear agents not released by the enemy. (6) Battle fatigue. (7) Disease not directly caused by enemy agents. (8) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. (9) Self-inflicted wounds, except when in the heat of battle and not involving gross negligence. (10) Post traumatic stress disorders. (11) Airborne (for example, parachute/jump) injuries not caused by enemy action. (12) Hearing loss and tinnitus (for example: ringing in the ears). (13) Mild traumatic brain injury 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. (14) Abrasions and lacerations (unless of a severity to be incapacitating). (15) Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) (16) Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). (17) First degree burns. f. It is not intended that such a strict interpretation of the requirement for the wound or injury to be caused by direct result of hostile action be taken that it would preclude the award being made to deserving personnel. Commanders must also take into consideration the circumstances surrounding an injury, even if it appears to meet the criteria. 4. Title 38, U.S. Code, sections 1110 and 1131, permit the Affairs (VA) to award compensation for disabilities which were incurred in or aggravated by active military service. The VA awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affect the individual's civilian employability. ABCMR Record of Proceedings (cont) AR20190001167 6 1