IN THE CASE OF: BOARD DATE: 8 September 2022 DOCKET NUMBER: AR20220002443 APPLICANT REQUESTS: reconsideration of his previous request to be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation or Discharge from the Armed Forces of the United States), dated 26 February 1954 * Compensation and Pension Exam Report, dated 16 May 2001 * Veterans Affairs (VA) Rating Decision, dated 30 August 2007 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 AR2002075943 on 17 September 2002. 2. The applicant states he was wounded in 1951 while serving in the Republic of Korea and should have been awarded the Purple Heart. He states he was disappointed when he noted that this award was not annotated on his DD Form 214. He did not think of this issue again until 2007 when he was awarded disability compensation through the VA. His family has encouraged him to request to have this correction made to his records. 3. The applicant's military 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 his 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. This case is being considered using reconstructed records, which primarily consist of a DD Form 214. 4. A review of the applicant's service records reflects the following: a. On 15 March 1951, the applicant enlisted in the Regular Army to serve as an Infantryman. b. On or about 28 May 1953, the applicant was treated in the 1st Battalion, 6th Armored Cavalry Regiment, Aid Station for a Non-Battle Injury (NBI) to his right fibula/tibia sustained when he slipped in the barracks on or about 7 May 1953. c. On 26 February 1954, the applicant was discharged from the Regular Army. DD Form 214, item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) reflects: Combat Infantryman Badge, Korean Service Ribbon (w/ 2 Bronze Service Stars), United Nations Service Medal, National Defense Service Medal, and the Occupational Medal. Item 26 (Foreign and/or Sea Service) reflects 2 years, 3 months, and 7 Days. Item 29 (Wounds Received as a Result of Action with Enemy Forces) reflects "non-applicable." 5. The applicant provides: a. Compensation and Pension Exam Report, dated 16 May 2001, reflective of a physical examination of the applicant in relation to his request for reconsideration of his previously awarded disability compensation. Upon review, the applicant notes that he sustained a shrapnel wound to his left elbow in 1951 when a mortar round detonated approximately 15 yards away from him. The shrapnel was subsequently removed a few hours following this incident. The physician notes the presence of a small scar on the lateral portion of his left forearm with a decrease in the applicant's range of motion. b. VA rating decision, dated 30 August 2007, reflective of the applicant receiving compensation from the VA for Post-Traumatic Stress Disorder (PTSD), Fracture Right Fibula/Tibia, Shrapnel Wound Left Elbow, Bilateral Cold Weather injury to his Feet and Right Hand. All injuries and or illnesses are noted as being incurred during the Korean Conflict. 6. A review of the Korean War Casualty list failed to reflect evidence of the applicant being wounded during the Korean Conflict. 7. On 17 September 2002, in ABCMR Docket Number AR2002075943 the Board denied the applicant's request to be awarded the Purple Heart citing that the applicant failed to present sufficient relevant evidence to demonstrate the existence of a probable error or injustice. BOARD DISCUSSION: 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. After reviewing the application and all supporting documents, 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 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 (AR) 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record. A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action. This regulation also provides that there is no time limitation on requests for award of the Purple Heart. 2. AR 642-5-1 (Decorations and Awards), then in effect, Purple Heart. is awarded to any member of the Armed Forces of the United States and to any civilian citizen of the United States serving with the Army who was wounded either in action against an armed enemy of the United States or as a direct result of an act of such enemy, provided the wound necessitated treatment by a medical officer. a. 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. b. Not more than one award of this decoration will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. 3. AR 15-185 (ABCMR) paragraph 2-9 states 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) AR20220002443 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1