ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 August 2019 DOCKET NUMBER: AR20190006553 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 29 March 2019 * Medical record extracts * Western Union Telegram, dated 28 May 1951 * SF (Standard Form) 519a (Radiographic Reports), undated * DD Form 214 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's 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. 3. The applicant states he was not awarded the PH for wounds he received in combat on 12 May 1951. He was medically evacuated from his unit and did not received the award. 4. On 28 June 1950, he enlisted in the Regular Army. 5. He served in Korea and he was assigned to Company E, 9th Infantry Regiment. 6. He provided copies of: a. Medical records extracts that show on 12 May 1951, he was treated at the 2nd MASH (Military Army Surgical Hospital) for, "Wound, missile, right side and back, possible thoraco-abdominal." He was "wounded by enemy mortar fire at 1725 hours on 12 May 1951 near Chu Chang (Ch'unch'?n), Korea." b. His radiographic report with a date of request listed as 28 October 1952 shows the entry, "Shrapnel wound in back between scapulas. Pain in this area supposedly due to shrapnel still in the body. There is one metallic foreign body in middle of 5th thoracic vertebrae on the left." c. A Western Union Telegram, dated 28 May 1951, advising his family that he was seriously wounded in action in Korea on 12 May 1951. 7. On 7 July 1953, he was honorably discharged. His DD Form 214 shows in: a. item 26 (Foreign and/or Sea Service) – 2 years, 6 months, and 18 days, b. item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * Combat Infantryman Badge * Korean Service Medal with four bronze service stars * United Nations Service Medal c. item 29 (Wounds Received as a Result of Action with Enemy Forces) – Shrapnel wound right side and back, 12 May 1951, Cho Chon (Ch'unch'?n), Korea. 8. His records contain a copy of the U.S. Army Surgeon General Hospitalization File Listing 1950 to 1953, Micro Fiche 017, page 46, showing he was admitted for treatment on 12 May 1951. He was injured/wounded as a direct result of action against or by an organized enemy and his wound was listed as "abdomen, abdominal wall, and pelvis: back, generally." The causative agent was listed as "Explosive projectile shells from gun, mortar, etc[.]: Other projectile explosives (mortar, bazooka, etc[.]), struck while on land." 9. His records are void of orders awarding him the PH. 10. His name is shown on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1950 to 1953, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Korea. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his duty assignment, the medical records, Western Union telegram and radiographic report he provided, the annotation on his DD Form 214 and the records of the Surgeon General and Adjutant General showing his name as a casualty. Based on a preponderance of evidence, the Board determined that the applicant was entitled to award of the Purple Heart. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected as follows: - Awarding him the Purple Heart for wounds received on 12 May 1951 near Chu Chang (Ch'unch'?n), Korea. - Adding “Purple Heart” to item 27 (Decorations, Medals, Badges, Commendations, Citations…) of his DD Form 214 for the period of service ending 7 July 1953. 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 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 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. ABCMR Record of Proceedings (cont) AR20190006553 4 1