APPLICANT REQUESTS: The applicant requests that his records be corrected to show his entitlement to award of the Purple Heart (PH).
APPLICANT STATES: That he was not awarded the PH at the time of his wound. He provides letters of support.
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 alternate sources.
On 12 December 1950, the applicant enlisted in the Regular Army. He completed his required training and was awarded MOS 1321 (title unknown).
During the period September 1951-September 1952, he served overseas, either partially or completely in Korea.
On 17 October 1951, the unit commander requested medical evaluation to determine the applicants medical problem, since he was unable to perform the duties assigned to him.
On 18 October 1951, medical records of the 4th Field Hospital show that the applicant tripped and fell into a foxhole, aggravating an old injury. He related that the old injury was caused by diving into a mudhole at Camp Kilmer and striking his back on a submerged log and has had continuous low midline back aches since that time. There is no record of this diving accident in his available medical records. A lumbar spine X-Ray and the neurological findings were negative. Further, the report indicates that the applicant was not serving in a combat unit, was diagnosed as having a passive-aggressive reaction and returned to duty.
Throughout his active duty, medical records show that he was treated on numerous occasions for a variety of minor problems.
On 5 February 1954, a physical examination cleared the applicant for separation with a physical profile of 111111A.
On 7 February 1954, he was honorably separated under AR 615-360, based on the expiration of his term of service. His Report of Separation indicates that he had 3 years of creditable service and 58 days of lost time. He was entitled to award of the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal, the Korean Service Medal, and the Republic of Korea Presidential Unit Citation.
On 10 October 1978, a VA Rating Decision awarded the applicant a service-connected disability rating of 0 percent, effective 30 May 1978, for a foreign body in the soft tissue of the middle third of the right forearm.
On 11 September 1996, this Board returned an application from the applicant based on the lack of sufficient records to made a fair, impartial and equitable determination of his request.
AR 600-8-22, Military Awards, provides, in pertinent part, that the PH 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. 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.
2. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
3. The evidence of record shows that the only mention of an accident in a foxhole was not of being blown there by a grenade, but by tripping and falling into it.
4. The applicants letters of support fail to establish evidence sufficient to support the alleged hostile action.
5. In view of the foregoing, there is 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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