| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Ms. Margaret K. Patterson | Member | |
| Mr. Arthur A. Omartian | Member |
APPLICANT REQUESTS: That his record be corrected to show award of the Purple Heart.
APPLICANT STATES: That he received the Purple Heart in 1953 for shrapnel injuries to both legs.
The applicant submits a copy of a National Guard Bureau Form 22 (Report of Separation and Record of Service) showing that he had enlisted in the Army National Guard on 18 April 1979 and was discharged on 8 April 1990. That document shows that the applicant had received three awards of the NCO Professional Development Ribbon and two awards of the National Defense Service Medal.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant's 25 October 1988 Army National Guard Retirement Points History Statement show that he entered the service on 23 January 1949 serving on active duty in the Navy from 1950 to 1954. That statement shows service both as a member of the Reserve Components and on active duty thereafter.
The applicant's DD Form 214 (Report of Transfer or Discharge) shows that he was discharged from the Navy on 13 March 1969. That form shows that he was awarded the second award of the National Defense Service Medal. It does not show award of the Purple Heart.
A 14 November 1973 statement of service shows that the applicant served in the Army National Guard from 23 January 1949 to 30 October 1950, in the Navy from 1 November 1950 to 10 August 1950, in the Army National Guard again from 20 June 1955 to 1 February 1956, in the Navy from 25 June 1960 to 13 March 1969, and in the Navy Reserve for six years beginning in August 1972.
The applicant enlisted in the Army National Guard on 18 April 199. He was transferred to the Retired Reserve on 8 April 1990.
The applicant's record of his Navy service in the 1950s and the 1960s, other than as indicated above, is not available to the Board.
In a 13 May 1980 report of medical history the applicant did not indicate that he had been wounded in action or that he had any injuries to his legs, only indicating that he sustained a broken arm in 1939. He completed a report of medical history on 9 December 1985 and again on 21 November 1989. He did not indicate in those reports of any wounds or injuries to his legs. The applicant's medical records do not show that he had been wounded in action, or that he had any injuries to his legs.
Army Regulation 600-8-22 provides 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, 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. Unfortunately, the applicant's record of his Navy service is not available to the Board; nonetheless, there is no evidence, and the applicant has not submitted any to show that he was wounded in action, or that he was awarded the Purple Heart. The applicant's available medical documents, some of which he completed, fail to indicate that he had been wounded in action or that he sustained any injuries to his legs, as he contends.
2. There is insufficient evidence to correct the applicant's records to show award of the Purple Heart. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
3. 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 that requirement.
4. In view of the foregoing, there is no basis for granting the applicant's 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
__JHL __ __MKP __ __AAO __ DENY APPLICATION
| CASE ID | AR2003088363 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20031023 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003084675C070212
The applicant states, in effect, that he should not be denied these awards to which he is entitled based on the wounds he received in action during his combat service in Korea. The applicant’s military records were not available to the Board for review. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart, for being wounded in action in Korea on 1 September 1950, the Purple Heart 1 st Oak Leaf Cluster, for...
ARMY | BCMR | CY2010 | 20100007494
The applicant's DA Form 24 (Service Record) shows he was reassigned to the 118th Station Hospital on 13 September 1950. With respect to the applicant's psychological and/or mental disorders, the available evidence shows the applicant may have suffered from battle fatigue or combat stress, as evidenced by his symptoms of conversion reaction, manifested by aphonia, deafness, headache, anorexia, and insomnia, which may have necessitated his transfer to Japan for psychological treatment. ...
ARMY | BCMR | CY2002 | 2002073577C070403
There is no evidence in the available records which shows the applicant was not paid during his service in Korea. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of...
ARMY | BCMR | CY2009 | 20090005062
He also requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show in item 4 (Component and Branch or Class) that he served in the Infantry; in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that his unit was awarded three Presidential Unit Citations; in item 28 (Most Significant Duty Assignment) that his most significant unit was the 1st Airborne Ranger Company; in item 29...
ARMY | BCMR | CY2001 | 2001060862C070421
In support of his application, he submits an eyewitness statement, dated 23 July 2001; a neurosurgical examination, dated 20 December 1993; an Honorable Discharge Certificate, dated 24 October 1952; his DD Form 214; a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); and a photograph of a tank. The DD Form 214 with an effective date of 24 October 1952 contained in the applicant’s service personnel records, which was authenticated in his own hand, does not...
ARMY | BCMR | CY2008 | 20080008967
The applicant requests that he be awarded the Purple Heart for an injured back sustained in Korea in September 1950. 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. A 26 June 1951 medical treatment record entry indicates he sought help because of back pain and reported that he fell off a Jeep in September 1950.
ARMY | BCMR | CY2008 | 20080006430
The applicants military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action...
ARMY | BCMR | CY2001 | 2001052905C070420
There is no evidence in the available records which shows the applicant was wounded a second time as a result of hostile action during the Korean War. 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. Therefore, the applicant is entitled to correction of his military records to show only one award of the Purple Heart.
ARMY | BCMR | CY2005 | 20050016892C070206
The applicant references a DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 4 November 2002, and a letter dated 23 May 2003 in which he requested award of the Purple Heart, Bronze Star Medal, and Presidential Unit Citation, but was informed that his records were not available and the ABCMR could not make a decision on his application. The applicant's DD Form 214 shows award of the Korean Service Medal; however, it...
CG | BCMR | Medals and Awards | 2006-004
Except in the case of a prisoner of war, the wound for which the award is made must have required treatment by a medical officer . The Board finds that if the applicant had been treated for shrapnel to the face or any other wound during this period, it is very likely such treatment would have been recorded in the applicant's military record. Therefore, due to the passage of time, the applicant’s less than compelling reasons for the 60-year delay, and the lack of sufficient evidence...