BOARD DATE: 19 July 2011 DOCKET NUMBER: AR20110000345 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 (PH). 2. The applicant states he was injured during the battle of the Chosin Reservoir in Korea in November 1952. He states he was hit in the hip, leg, and above the right eye with seven pieces of shrapnel and was hospitalized for seven days. 3. The applicant provides no documentary evidence in support of his application. 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 record is not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using reconstructed records which primarily consists of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States). 3. The applicant's DD Form 214 shows he entered active duty in the Regular Army (RA) on 7 November 1950. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he earned the Army of Occupation Medal (AOM) with Japan Clasp, Korean Service Medal (KSM) with 2 bronze service stars, United Nations Service Medal, and AOM with Germany Clasp. The PH is not included in the list of awards contained in item 27. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "None." 4. The applicant’s DD Form 214 further confirms he completed 2 years, 11 months, and 7 days of total active service and he was honorably discharged on 15 October 1953 in the rank of corporal. 5. The NPRC file is void of any orders or other documents that indicate the applicant was ever wounded in action, treated for a combat-related wound by military medical personnel, or recommended for and awarded the PH by proper authority while serving in Korea. 6. During the review of this case a member of the Board's staff reviewed the Korean War Casualty Roster. There was no entry on this roster pertaining to the applicant being wounded in action in Korea. 7. Army Regulation 600-8-22 (Military Awards) prescribes Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by medical personnel; and a record of this medical treatment must be supported by medical treatment records that were made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to be awarded the PH has been carefully considered. However, there is insufficient evidence to support his claim. 2. By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record. 3. The available evidence fails to show the applicant was ever wounded as a result of enemy action or treated for a wound received as a result of enemy action while serving on active duty. His DD Form 214, item 29, contains the entry "None," which indicates he was not wounded as a result of action with enemy forces; and his name is not included on the Korean War Casualty Roster, the official list of Korea battle casualties. 4. Further, there are no documents in the NPRC file and the applicant has failed to provide any to show he was ever wounded in action, treated for a combat-related wound by military medical personnel, or recommended for or awarded the PH by proper authority while serving in Korea. 5. Absent any evidence verifying the applicant’s claim that he was wounded in action in Korea, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. Therefore, it would not be appropriate or serve the interest of all those who served in Korea and who faced similar circumstances to award the applicant the PH. 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) AR20110000345 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110000345 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1