IN THE CASE OF:	  

		BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090019333 


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 he received the Korean Service Medal with two bronze service stars but never received the Purple Heart for shrapnel he received in his lower right back during the Korean War.  

3.  The applicant submitted a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 8 pages of newspaper articles, and page 5 and 6 of an undated Department of Veterans Affairs (DVA) decision letter from the VA.

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 ABCMR 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 are 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 on 13 February 1951.

4.  On 13 November 1952, the applicant was honorably released from active duty after completing a total of 1 year, 9 months, and 1 day of active military service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Combat Infantryman Badge, Korean Service Medal with two bronze service stars, and the United Nations Service Medal.

5.  Item 29 (Wounds Received As a Result of Action with Enemy Forces) show the entry "NA [not applicable]."

6.  The applicant’s name is not listed on the Korean War Casualty File.

7.  The applicant submitted two pages of an undated DVA decision letter which stated that his military history includes a report of him sustaining a shrapnel scar while carrying ammunition to Soldiers.  There were no service medical records available to the Board or provided by the applicant for review.

8.  The applicant submitted 8 pages of newspaper articles from the Tribune dated 12 March 2001, titled "The Day Our Boys Left for Korea," that talks about his experience in Korea.

9.  Army Regulation 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 by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show and the applicant has not provided any corroborating evidence that shows he was wounded or injured as a result of hostile action, or that he was treated for such wounds.  The applicant's name is not listed on the Korean Casualty Roster.
2.  While the applicant submitted two pages of his DVA rating decision that indicates his military history includes a report of sustaining a shrapnel scar to his lower back and eight pages of newspaper articles, these documents are not sufficient as corroborating evidence.  Regrettably, there is no basis for granting the applicant's request for award of the Purple Heart.

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.



      _____________X____________
               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)                                         AR20090019333



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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