IN THE CASE OF: BOARD DATE: 18 NOVEMBER 2008 DOCKET NUMBER: AR20080014886 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Purple Heart. 2. The applicant states, in effect, he was wounded in Korea on Thanksgiving Day when he received shrapnel wounds and suffered hearing loss. He states he was unaware of his entitlement to the Purple Heart until he applied for Department of Veterans Affairs benefits. 3. The applicant provides a copy of his DD Form 214 (Report of Separation From The Armed Forces of The United States) and a copy of an unidentifiable newspaper clipping “Korean War Vet Released by Army.” COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel requests as stated above. 2. Counsel states as stated above. 3. Counsel provides as stated above. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. 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 that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States and served on active duty from 3 January 1951 through 2 October 1952. He served a total of 11 months and 21 days in the Far East, presumably in Korea. At the time of discharge, he was awarded the Korean Service Medal with 1 bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge. 4. On 7 July 1999, the National Personnel Records Center, St. Louis, MO awarded the applicant the Good Conduct Medal and the National Defense Service Medal. 5. The applicant’s DD Form 214, in Item 29 (Wounds Received as a result of Action with Enemy Forces), contains the word “None.” The applicant signed his DD Form 214 in Item 48, acknowledging that it was true and correct. 6. The applicant’s name does not appear on the Korean War Casualty File’s list of killed and wounded during the Korean War. 7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. The regulation also provides that there is no statute of limitations on requests for award of the Purple Heart. DISCUSSION AND CONCLUSIONS: 1. The applicant requests award of the Purple Heart. 2. The applicant’s military records are not available to the Board for review, thus there is no way to determine whether he ever was issued orders awarding the Purple Heart. 3. The applicant’s DD Form 214 shows that he was never wounded as a result of action with enemy forces. His name does not appear on the Korean War Casualty File as having been wounded. 4. The applicant does provide an undated and otherwise unidentifiable news clipping which states he served 11 months in Korea, where he was wounded. Unfortunately, this clipping alone is insufficient evidence upon which to award the Purple Heart. 5. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 6. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _XXX _______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20080014886 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080014886 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1