ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 September 2021 DOCKET NUMBER: AR20200009486 APPLICANT REQUESTS: * award of the Purple Heart * correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 14 September 1952 to show he was awarded the Purple Heart APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 214 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Letter from Veterans Service Officer * Privacy Act Release * Standard Form 180 (Request Pertaining to Military Records) * Letter to National Personnel Records Center (NPRC) * two WD AGO Forms 1, 22 May 1951 and 15 June 1951 * Company K, 31st Infantry Regiment, Korea, Orders Number 25, 15 June 1951 * Standard Form 509 (Clinical Record – Doctor's Progress Notes) covering the period 26 June 1952 to 1 July 1952 * DD Form 214 * Department of Veterans Affairs Medical Center Radiology Report and Progress Notes, 22 November 2006 * Military History Questionnaire, undated * U.S. Army Human Resources Command (HRC) Letter to Congressional Representative, 25 March 2020 * National Archives and Records Administration Letter to Congressional Representative, 29 October 2020, with 31st Infantry Regiment Command Report, June 1951 * Letter from Congressional Representative to HRC, 2 November 2020 FACTS: 1. The applicant states he was wounded by mortar fragments while serving in Korea in 1951. His military records do not reflect he was ever awarded the Purple Heart, but he should have been. He further states: a. He was wounded in action while serving with the 31st Infantry Regiment, 7th Division, in Korea in June 1951. Mortar shrapnel penetrated his left leg and he still has multiple projectiles in his left leg today. They were engaged in a firefight in Kumhwa Valley when mortars began coming in. They pulled back from the vicinity of the mortars and he noticed his pants sticking to his leg. He reached down to correct this and discovered his hand covered in blood. He was treated by his platoon medic who mentioned he should have his name turned in for the medal, but due to the combat situation it was not ideal to go out of the way to report the wound. b. The scar and wounds in his left thigh have been acknowledged by the Department of Veterans Affairs and he is service-connected for the injury. 2. The applicant's complete military records are not available for review. The U.S. National Archives and Records Administration official website states a disastrous fire at the National Personnel Records Center on 12 July 1973 destroyed approximately 16-18 million Official Military Personnel Files. The fire affected approximately 80 percent of the records of Army personnel discharged between 1 November 1912 and 1 January 1960. It is believed the applicant's records were lost or destroyed in that fire. 3. The WD AGO Form 1, 22 May 1951, shows the applicant as present for duty with Company K, 31st Infantry Regiment, and pending assignment. 4. The WD AGO Form 1, 15 June 1951, shows the applicant was hospitalized effective 10 June 1951. 5. The Standard Form 509 contains the following progress notes: a. On 26 June 1952, the applicant reported he first noted the left side of his face feeling warm at irregular intervals about 2 months ago. A week later he noted vague weakness and pain in his left arm and 2 weeks later he noted vague weakness and pain in his left leg. He could not describe his symptoms, but there is some muscular soreness and weakness. b. On 27 June 1952, the applicant reported that after being up and walking, he felt muscular pain in the quadriceps of his left thigh upon resting. His symptoms last for half an hour or so and then he feels okay while continuing to rest. c. On 28 June 1952, the applicant complained of stiffness and pain in his back. He also still had complaints of pain in his left thigh. d. On 30 June 1952, the applicant had no complaints while in bed. After he was up, he felt dull pain in his left thigh. He reported very slight but dull "deadness" over the quadriceps of his left thigh, then noted the same feeling in his left hamstring, which slowly radiated up to include the buttocks. There were no physical findings to support his symptoms. e. On 1 July 1952, the applicant continued to have a general headache, pain in his left face, and vague pain in his left quadriceps. He continued to have some pain in his back. 6. The applicant’s DA Form 24 (Service Record) is not available for the Board to review. 7. On 14 September 1952, the applicant was honorably released from active duty. His DD Form 214 shows in: * item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Combat Infantryman Badge * Korean Service Medal with three bronze service stars * United Nations Service Medal * item 29 (Wounds Received as a Result of Action with Enemy Forces) – no entries 8. On 16 December 2005, he was seen by the Department of Veterans Affairs Medical Center for a shell fragment wound on his inner thigh. The radiology report shows there is no acute fracture or dislocation. There were multiple 6 to 13-millimeter bony structures, possibly ossicles, projecting over the lateral ischial tuberosity inferior to the femoral head. There was narrowing of the medial compartment of the knee. There were no radiopaque foreign bodies seen in the inner thigh. 9. The progress note, 22 November 2006, shows the applicant reported he has shrapnel in his left leg and has chronic left leg pain that is worse when sitting for long periods. It does not bother him when he is sleeping, only when there is pressure on his leg. He has been told that the shrapnel should not be removed unless he has severe pain because of the proximity of the shrapnel to the sciatic nerve. He was diagnosed with metallic fragment wound of the left medial thigh with scar residual. The medical opinion summary notes the scar in his left thigh was at least likely as not (50/50 probability) caused by or a result of a combat fragment wound. 10. On 16 March 2020, the applicant sought assistance with his request for award of the Purple Heart from his Congressional representative. 11. On 25 March 2020, the HRC Awards and Decorations Branch responded to the applicant's Congressional representative, denying the applicant's request for award of the Purple Heart. Without medical documentation indicating treatment by a medical officer for injuries incurred as a result of enemy action, HRC could not take administrative action. 12. The National Archives and Records Administration letter to the applicant's Congressional representative, 29 October 2020, responded to requests for After Action Reports for June through August 1951 for the 31st Infantry Regiment. They were unable to locate the After Action Reports for that time period but provided Command Reports instead as they are similar to After Action Reports. a. The Command Report for the month of June 1951 shows "the enemy conducted active defensive measures, employing counterattacks in order to minimize the advance of friendly units. The enemy took full advantage of prominent terrain features with the use of reinforced bunkers was able to delay our advance with a minimum number of troops. For the first time in many months the enemy employed heavy artillery and mortar barrages against forward units and rear CP [command post] areas." b. The Command Report described multiple attacks and counterattacks throughout the month. 13. On 2 November 2020, the applicant's Congressional representative requested reconsideration of the applicant's request for award of the Purple Heart in light of the information contained in the Command Report. An HRC response is not available for review. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board determined that relief was not warranted. The Board carefully considered applicant’s contentions, military record and regulatory guidance on the award of the Purple Heart. Per regulatory guidance, the applicant must provide or have in the 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. Although, some evidence available for review indicates a possible injury, is it void further information regarding the circumstances in which it was received. Based on the preponderance of the documentation available for review. Based on the preponderance of evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 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 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. 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 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. 2. 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. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. When contemplating eligibility for the Purple Heart, the two critical factors commanders must consider is the degree to which the enemy or hostile force caused the wound and whether the wound was so severe that it required treatment by a medical officer. a. 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. b. 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. 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 3. Special Regulations 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's release from active duty, provided an outline of procedures to be followed in effecting the discharge of enlisted personnel for any cause (except disability) in any type of organization or separation activity, and described the proper method of executing and disposing of the various forms, records, and reports required. A DD Form 214 is furnished to each enlisted person separated from the Army for any reason. a. The specific instructions for item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbon Awarded or Authorized) stated to enter decorations, etc., awarded or authorized during period covered by the DD Form 214 being prepared from section 9 of the DA Form 24 (Service Record) omitting authorities cited therein. b. The specific instructions for item 29 (Wounds Received as a Result of Action with Enemy Forces) stated to enter chronologically each wound received as the result of enemy action during the period covered by the DD Form 214 being prepared. Show both date and place of action if recorded on records available at time of separation. If records are not available, the terminology "no records available" will be entered. The theater of operations in which the action occurred may be entered if exact location is not recorded. //NOTHING FOLLOWS//