ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 April 2020 DOCKET NUMBER: AR20190012426 APPLICANT REQUESTS: reconsideration of his earlier requests for the award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Self-authored Statement, dated 5 September 2019 * War Department Adjutant General's Office (WD AGO) Form Number 8-24 (Medical Report), dated 22 September 1953 * DA Form 1 (Morning Report), dated 3 March 1954 * DD Form 214 (Report of Separation from the Armed Forces of the United States) * Self-authored book excerpts, "Young Man In A Hurry!" Godzchild Publications, 2011 * Department of Veterans (VA) Affairs Progress Notes, dated 15 April 2015 * VA letter, dated 6 May 2015 * one photograph, undated 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 AR20150009701 on 12 May 2016 and Docket Number AR20160010274 on 23 May 2019. 2. The applicant states: a. He has undergone three examinations by VA doctors. He previously provided the results of these examinations which support for his claim for conditions of tinnitus, post-traumatic stress disorder (PTSD), and traumatic brain injury (TBI). b. He previously provided results of an examination by Psychologist PTSD. c. He is 86 years old and has been widowed for two and half years. He has been a member of the Veterans of Foreign Wars and the Veterans of Foreign Wars Military Order of the Cooties, an organization of veterans who visit and comfort veterans in nursing homes and hospitals. 3. 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. These records consist of files provided from a partial reconstructed record by the National Archives and Records Administration and National Personnel Records Center. This case is being considered using documents provided by the applicant and the National Archives and Records Administration and National Personnel Records Center. 4. The applicant provided new documentary evidence and new arguments that were not previously considered by the Board that warrant consideration at this time. 5. The applicant enlisted in the Regular Army on 7 March 1951. 6. On 6 March 1954, he was honorably released from active duty. His DD Form 214 shows in: a. item 25 (Foreign Service) – he was credited with 10 months and 8 days of foreign service. b. item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the: * Korean Service Medal with two bronze service stars * United Nations Service Medal * Army Good Conduct Medal * Combat Infantryman Badge * National Defense Service Medal c. item 28 (Most Significant Duty Assignment) – Company D, 503d Airborne Infantry Regiment, 11th Airborne Division. 7. He provided copies of the following: a. his WD AGO Form 8-24, dated 22 September 1953, that shows he was treated for acute tonsillitis on 18 September 1953, b. a DA Form 1, dated 3 March 1954, that shows Headquarters, 11th Airborne Division, Special Order Number 46 released him from his current assignment and reassigned him to Transition Point, 3400th Army Separation Unit, Fort Campbell, KY, c. self-authored book excerpts from "Youngman In A Hurry!" wherein he provided an accounting of his service as a combat infantryman and his assignment to a non-engineer infantry unit, his injury at the main line of resistance, and subsequent treatment after a mortar exploded nearby. d. his VA Progress Notes, dated 15 April 2015, that shows he underwent a neurology examination for complaint of headaches and tinnitus that resulted in diagnoses of mild TBI and PTSD, e. a VA letter, dated 6 May 2015, with his self-authored statement for his claim to the VA, that shows he was awarded a 10-percent service-connected disability rating for TBI and post-traumatic headaches and a 10-percent service-connected disability rating for tinnitus effective 7 May 2014, and f. a photograph he identified as his father's tombstone that shows he served in World War I with the 803d Pioneer Infantry.. 8. On 12 May 2016 and in ABCMR Docket Number AR20150009701, the ABCMR denied his request for award of the Purple Heart. The Board determined there was no evidence of record showing that he was wounded or treated for wounds as a result of hostile action in Korea or orders showing he was awarded the Purple Heart. 9. On 23 May 2019 and in ABCMR Docket Number AR20160010274, the ABCMR denied his request for reconsideration for award of the Purple Heart. The Board determined that no documentation or supporting statements were provided or found in the record showing he was treated by military medical personnel, and the medical records and admission cards available did not indicate any wounds, scars, or other injury that could have derived from a combat event. 10. The applicant's name is not listed among those shown on the Korea Casualty File, a listing of Soldiers reported as casualties during the Korean War. 11. A review of the Department of Army Office of the Surgeon General Hospital Admission Cards database for the years 1952 and 1953 failed to show the applicant as a casualty. 12. His available records are void of orders showing he was awarded the Purple Heart. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the relief was not warranted. 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. 2. In events involving TBI and other similar injuries, the applicant’s record must show that the 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. 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 to amend the decision of the ABCMR set forth in Docket Number AR20160010274 on 23 May 2019. 12/11/2020 X CHAIRPERSON 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. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 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. a. 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. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart 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. //NOTHING FOLLOWS//