APPLICANT REQUESTS: That his DD Form 214, Report of Separation, be corrected to reflect that he was awarded the Purple Heart and to show that he served overseas in Korea for 12 months.
APPLICANT STATES: That he was a draftee and was sent to Korea for 12 months, not the 5 months and 21 days shown on his DD Form 214. Also, he was treated for shrapnel wounds that are not shown on his DD Form 214 for which he should have received the Purple Heart. In support of his request, he provides a letter from his sister setting forth the circumstances of his period of service and the wounds that he suffered.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed records.
He was inducted on 10 January 1951 and served for 1 year, 11 months and 29 days. He was honorably separated on 8 January 1953.
His DD Form 214 reflects the entry none in the block entitled wounds received as a result of action with enemy forces. He indicated in a request to the VA, however, that he was treated for wounds in Korea during the period August 1952 to December 1952. There is no evidence in the record to confirm his wounds or subsequent treatment, nor does his separation medical examination make reference to any injuries suffered during his service.
His DD Form 214 also shows that he completed 5 months and 21 days foreign and/or sea service. The record does not indicate actual departure or arrival dates for this service. His dental records show that he received a dental treatment at Indiantown Gap Military Reservation (IGMR), Pennsylvania on 26 May 1952. He contends that he was wounded sometime during the time frame August-December 1952 and the record shows that he was separated from active duty on 8 January 1953. These dates do not support his statement that he completed 12 months service in Korea.
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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. There is no evidence to show that he suffered any wounds or injuries during his service that would qualify him for award of the Purple Heart.
2. While it cannot be conclusively shown that the applicant served precisely 5 months and 21 days in Korea, it can be determined from other events of record that this overseas service credit is correct. For example, his dental record indicates that he received treatment at the IGMR on 26 May 1952, he contends that he was wounded in approximately August 1952 and his DD Form 214 shows that he separated from the service on 8 January 1953. From these dates, it appears that he could have served no more than 7 months and 12 days (27 May 1952 through 8 January 1953) in Korea. However, allowing for necessary travel and processing times, the 5 months and 21 days of overseas service is considered to be reasonably correct.
3. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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