IN THE CASE OF:  

		BOARD DATE:  9 July 2021

		DOCKET NUMBER:  AR20210005200


APPLICANT REQUESTS:  reconsideration of his previous requests for award of the 
Purple Heart with two Oak Leaf Clusters.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  he 
provides a reconsideration letter.

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 Numbers AR20080006672 on 16 September 2008 
and AR20080016032 on 2 December 2008.

2.  The applicant states:

	a.  He is going to the District Court, a suit versus this Board, as indicated this is his 
next step. He has corresponded with the Court, and have all the papers necessary. He 
is taking this unusual action of sending the Board new information, which he previously 
withheld for good reason. Since his last correspondence of 12 February 2013, when the 
Board denied his request for two additional Purple Heart qualifications, he has had 
enough interruptions in his life to put this venture on the back burner, including a bad 
ankle sprain that currently affects both feet, a heart attack four years ago, and a stroke 
on 15 January 2020 (which has, at age 93, prompted him to take action again on this 
Purple Heart business).

	b.  He has old information which he previously had decided not to include in his 
medal correspondence, his “lone assault” on 17 October 1951, which set up their  
successful assault against Hill 346, Old Baldy, the first enemy territory captured by 
1st Battalion, 5th Cavalry Regiment, in 15 days of heavy, costly combat from 3 October 
to 17 October 1951, which he did not previously include in his combat action against 
Old Baldy and pathetic and unforgivable, mythical, tactical arson against him by his 
company commander and all Soldier of Company B, 5th Cavalry Regiment, by the 
regimental and battalion commanders, who silently overlooked Company B’s combat 
actions. His previous efforts failed, all appeals rejected by the Board.
3.  The applicant’s military personnel records were lost or destroyed in a fire at the 
National Personnel Records Center in 1973. The records available to the Army Board 
for Correction of Military Records were provided in part by the applicant and some were 
obtained from a previously considered records, which are sufficient for the Board to 
conduct a fair and impartial review of this case.

4.  Review of his available service records show:

	a.  He enlisted in the Regular Army on 16 February 1946, for 18 months. He was 
honorably discharged on 30 October 1946, for Convenience of the Government, to 
accept an appointment as a second lieutenant in the U.S. Army Reserve (USAR).

	b.  He was appointed in the USAR, Infantry Branch, on 31 October 1946. He served 
in Korea from 30 January 1947 to 13 January 1949 and was assigned to Fort Ord, CA.

	c.  He was reassigned to Korea on 10 February 1951. On 17 October 1951, he was 
wounded as a result of enemy action while stationed in Yonchon, Korea. His Casualty 
Report shows a missile fired from an enemy mortar landed and exploded near his 
position, with fragments that struck and resulted in his wounds on both shoulders.

	d.  On 18 October 1945, he was returned to the Continental United States and 
hospitalized at Camp Atterbury, IN.

	e.  He was honorably discharged, in the rank of captain, on 31 July 1954. His 
DD Form 214 (Report of Separation from the Armed Forces of the United States), 
shows he completed:

*	7 years, 9 months, and 1 days of net service this period
*	9 months and 14 days of other service
*	8 years, 6 months, and 15 days of total service
*	2 years, 7 months, and 23 days of foreign service.

	f.  This form also shows in:

*	Item 27 (Decorations, Medals, Badges, Commendation, Citations, and 
Campaign Ribbons Awarded or Authorized) the:

*	American Theater Campaign Ribbon
*	World War II Victory Medal
*	Army of Occupation Medal (Korea)
*	Combat Infantryman Badge
*	Purple Heart
*	Korean Service Medal with three bronze service stars
*	United Nations Service Medal
*	National Defense Service Medal

*	Item 29 (Wounds Received as a Result of Action with Enemy Forces) – 
Gunshot wound, Left Humerus, Right Shoulder, 17 October 1951 (Yonchon, 
Korea)

	g.  On 2 February 2005, a DD Form 215 (Correction to DD Form 214) was issued 
amended his DD Form 214 by adding the Silver Star.

5.  The ABCMR determined on:

		(1)  16 September 2008 – his records did not show he was ever wounded during 
a second incident while he was on active duty. Although he sustained more than one 
wound during the incident that occurred on 17 October 1951, he was awarded the 
Purple Heart for wounds he received as a result of hostile action by the enemy on that 
day for the same missile explosion. By regulation no more than one award would be 
made for more than one wound or injury received at the same instant or from the same 
missile, force, explosion, or agent. Therefore, he was not entitled to additional awards of 
the Purple Heart.

		(2)  2 December 2008 – there remained an insufficient evidentiary basis to 
support award of more than one Purple Heart for the wounds he sustained in Korea on 
17 October 1951.

		(3)  In 2009 – his previous request for reconsideration was acted upon in ABCMR 
Docket Number AR20080016032 on 2 December 2008 and that decision for 
reconsideration was the final administrative action taken by the Secretary of the Army. 
There was no further action contemplated by the ABCMR since he was not eligible for 
further reconsideration by that Board and his request was returned without action.

		(4)  2 March 2010 – review of the documentation he submitted failed to show his 
other injuries were inflicted upon him at a different “incident or location;” therefore, he 
was not entitled to additional awards of the Purple Heart. There was no further action 
contemplated by the ABCMR since he was not eligible for further reconsideration by 
that Board and his request was returned without action.

		(5)  12 February 2013 – his previous request for reconsideration was acted upon 
in ABCMR Docket Number AR20080016032 on 2 December 2008 and that decision for 
reconsideration was the final administrative action taken by the Secretary of the Army. 
He was previously informed by letters in 2009 and 2009, that he had previously 
requested reconsideration of ABCMR Docket Number AR20080006682. There was no 
further action contemplated by the ABCMR since he was not eligible for further 
reconsideration by that Board and his request was returned without action.

6.  By regulations (Army Regulations (AR) 600-45 (Decorations and 600-8-22 (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 medical 
treatment, 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 reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.   
Regulatory guidance provides for the entitlement of multiple Purple Hearts for members 
when there is evidence of wounds caused by an enemy occurring not during the same 
instant or from the same missile, force, explosion, or agent.  In this case, the Board 
determined the applicant did not provide sufficient evidence to amend the previous 
Boards’ decision. 

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 to amend the decision of the ABCMR set forth in Docket 
Number AR20080006672 on 16 September 2008 and AR20080016032 on 2 December 
2008.


		  
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 (AR) 600-45 (Decorations), in effect at the time, governed the 
award of Army decorations until 23 August 1951. The regulation stated the Purple Heart 
was awarded citizens of the United States serving with the Army, who are wounded in 
action against an enemy of the United States, or as a direct result of an act of such 
enemy, provided such wound necessitated treatment by a medical officer. A “wound” 
was defined as an injury to any part of the body from an outside force, element, or agent 
sustained while in action in the face of the armed enemy or as a result of a hostile act of 
such enemy.

2.  AR 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 medical treatment, 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.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210005200


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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