ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 March 2020 DOCKET NUMBER: AR20190014110 APPLICANT REQUESTS: reconsideration of his earlier request for award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 26 August 2019 * Map of Korea 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 AR20040008498 on 12 July 2005. 2. The applicant's records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there was sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant provided new evidence not previously considered that warrants consideration by the Board at this time. 4. The applicant states: a. he was injured in Korea during his assignment in the 51st Signal Battalion while on temporary duty with the Marine Tank Division by the Han River. b. his injury occurred in February 1952 during combat at Ganghwa by the Han River. 5. On 29 May 1951, the applicant was inducted into the Army of the United States in the rank/grade of private/E-1. 6. On 21 May 1953, he was honorably released from active duty. He completed 1 year, 11 months, and 23 days of net service. His DD Form 214 shows in: a. item 26 (Foreign Service) – 1 year, 4 months, and 16 days b. item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Korean Service Medal with two bronze service stars * United Nations Service Medal 7. On 15 February 2012, the Assistant Chief, Army and Decoration Branch, U.S. Army Human Resources Command, advised the applicant this office this office was unable to verify entitlement his entitlement to award of the Purple Heart. The applicant was instructed to provide supporting documentation. He was also advised of his appeal to the ABCMR. 8. On 15 November 2012 and in ABCMR Docket Number AR20120007651, the Board denied the applicant's request for award of the Purple Heart and stated there was no evidence of record and the applicant failed to provide any evidence showing he was wounded or injured as a result of hostile action. Additionally, there was no wound entry on his DD Form 214 and he was not listed on the Korean Casualty File. 9. His DD Form 215 (correction to DD Form 214), dated 14 December 2012, does not show award of the Purple Heart. 10. The applicant provided: a. a map of Korea that shows the location of where he was injured during combat. b. a self- authored letter, dated December 2017, in which he stated, in part: (1) His injury occurred as a result of heavy shelling in early February 1952. The explosions/blasts knocked him unconscious. He is unaware of how long he was unconscious or what happened to him. The medic, not seeing any open wound bleeding, determined that he was okay and fit for duty. (2) As months went by, he started to have problems: hyperacusis-not curable, anxieties, headaches, emotional, lack of patience, loss of balance, panic, etc. When he was discharged, just like the Army doctor who had no time to hear problems, he was not informed the Department of Veterans Affairs (VA) could help. Doctors in those days and later at the VA were unable to help him. Traumatic brain injury (TBI), the invisible wound, was unknown until 2003. (3) In 2010, a well-known doctor from the Walter Reed Army Medical Center was able to properly diagnose him. He was also able to receive a 100-percent disability rating from the VA. The medic in 1952 had no knowledge and there were no doctors nor officers around. TBI was not a diagnosis at the time. All of his requests for award of the Purple Heart have been denied because of an unjust and outdated rule. (4) His time in Korea was icy cold, their uniforms and weapons were World War II vintage, most of the food was dehydrated, and summers were very hot. He has better knowledge of TBI and he speculates there could be many thousands of other Soldiers entitled to the Purple Heart. 11. On 22 January 2019 and in ABCMR Docket Number AR20180002377, the Board denied the applicant's reconsideration request for award of the Purple Heart and stated the evidence presented did not demonstrate the existence of a probable error or injustice. The Board determined the overall merits of the case was insufficient. 12. The applicant's name does not appear on the Korean Casualty File. 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 record of service, the belief that his records were lost or damaged in the fire at the personnel records center and the awards shown on his separation documents. The Board considered the applicant’s statement regarding his VA records and the information he provided regarding his injury, but found the evidence insufficient to support the applicant’s injury or wounding as a result of enemy actions. The Board further found that the applicant’s name did not appear on the Korean Casualty File. Based on a preponderance of evidence, the Board determined that the absence of the Purple Heart in the applicant’s records was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, with the exception of the correction stated in the Administrative Note(s) that follow, 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. ADMINISTRATIVE NOTE(S): Based on the applicant’s documented period of service in Korea, the applicant is entitled to award of the Korea Defense Service Medal and it should be added to his DD Form 214 with end date of 21 May 1953. 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 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the Army Services, has been wounded or killed or who has died or may hereafter die after being wounded: (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 a result of an act of any such enemy of opposing armed forces; (5) As a result of an act of any hostile foreign force; (6) After 23 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; or (8) Members killed or wounded by friendly fire. b. Substantiating evidence must be provided to verify that 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. c. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * injury caused by enemy-placed trap or mine * injury caused by enemy-released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire * concussion injuries caused as a result of enemy-generated explosions * 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 d. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot * heat stroke * food poisoning not caused by enemy agents * chemical, biological, or nuclear agents not released by the enemy * battle fatigue * disease not directly caused by enemy agents * accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * self-inflicted wounds, except when in the heat of battle and not involving gross negligence * post-traumatic stress disorder * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * 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 * abrasions and lacerations (unless of a severity to be incapacitating) * bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth) * first degree burns //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014110 5 1