IN THE CASE OF: BOARD DATE: 19 March 2020 DOCKET NUMBER: AR20190015381 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States), for the period ending 7 October 1953, to show award of two Purple Hearts. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * General Orders Number 328 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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, in effect, he received an injury to his right hand during a severe counter attack involving hand to hand combat on 10 October 1951. The stab wound to the palm of his right hand was treated with his own first aid kit. On 11 October 1951, his unit was attacked and he received shrapnel to his back and a concussion. He was told another Soldier carried him off Hill 287. 3. The applicant enlisted in the Regular Army (RA) on 13 July 1948, and he was honorably discharged to reenlist in the RA on 25 September 1950. He reenlisted in the RA for an unspecified period on 26 September 1950. 4. Section 8 (Wounds Received Through Enemy Action) of his WD AGO Form 24A (Service Record) notes he received a laceration to the back of his right hand on 11 October 1951. 5. General Orders Number 9 issued by Headquarters, 7th Cavalry Regiment on 4 March 1952, awarded the applicant the Purple Heart. The order states the applicant was wounded in action near Chodulkol, North Korea on 11 October 1951. 6. The applicant was honorably discharged on 7 October 1953. The DD Form 214 he was issued shows he was awarded or authorized, in effect, the: * Army of Occupation Medal – Japan * Army Good Conduct Medal * Combat Infantryman Badge * Army Commendation Medal * Presidential Unit Citation * Korean Service Medal with 3 bronze service stars * United Nations Service Medal * Purple Heart 7. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the DD Form 214 he was issued contains the entry, "LAC Back & Right Hand 10 Oct 1951 Korea." 8. His Official Military Personnel File contains the following: a. Standard Form (SF) 89 (Report of Medical History), dated 25 September 1953, states he received a wound to his right hand on 11 October 1951, in Korea. b. SF 88 (Report of Medical Examination), dated 22 July 1960, states the applicant received a cerebral concussion from close impact of mortar round in 1951, residual headaches treated successfully. c. SF 89 dated 22 July 1960, states the applicant received a cerebral concussion from impact of a mortar round in 1951. Asymptomatic the past year. 9. The applicant's name does not appear on the Korean Casualty Roster. 10. 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. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. BOARD DISCUSSION: After consideration of the applicant’s request, all supporting documents, evidence in the service record, and applicable policies and guidance, the Board found that relief was not warranted. Per regulation, not more than one award of the Purple Heart will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. The applicant’s contemporaneous medical records indicate that the applicant was wounded on 11 October 1951, in Korea. The Board found insufficient contemporaneous evidence that the applicant was wounded in two separate incidents. Therefore, the Board found insufficient evidence that the applicant met the regulatory requirements for award of a second Purple Heart medal for his concussion from close impact of mortar round in 1951. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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 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. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22, paragraph 2-8 states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer include a statement in the Service member's medical record that wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the Service member's medical and/or health record. 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015381 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1