RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2005
	DOCKET NUMBER:  AR20050001483 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  


Mr. Carl W. S. Chun

Director

Ms. Prevolia A. Harper

Analyst


The following members, a quorum, were present:


Mr. John Slone

Chairperson

Ms. Linda D. Simmons 

Member

Mr. Kenneth W. Lapin

Member

	The Board considered the following evidence: 

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Purple Heart.

2.  The applicant states that he should have received the Purple Heart for wounds received in action against the enemy.   

3.  The applicant provides a certificate, dated 25 January 1952 and a certificate of appreciation, dated 31 January 1963.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice that occurred on 31 December 1962, the date of his release from active duty for retirement.  The application submitted in this case is dated19 January 2005.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted in the Army Air Corps on 28 August 1942 and entered active duty on 11 September 1942.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) shows that he was honorably separated on 5 November 1945.  His WD AGO Form 53-55 for this period shows he earned the ATO Medal, European-African-Middle Eastern Campaign Medal, the Army Good Conduct Medal, and the World War II Victory Medal.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form  document indicates that the applicant participated in the Napes, Foggia and Rome-Arno Campaigns.  Item 34 (Wounds Received in Action) contains the entry “None.”




4.  The applicant reenlisted on 19 November 1945 and served until 18 October 1949.  A DA Form 24 (Service Record) shows the applicant reenlisted again on 13 December 1949 and served until 31 December 1962 when he retired from 
active duty after completing 20 years, 1 month, and 26 days of service.  The Purple Heart was not included on the DD Form 214.  The applicant authenticated this document with his signature in item 32 (Signature of Person Being Transferred or Discharged).  

5.  The applicant’s DA Form 24 shows he served in Korea from 17 July 1953 to 13 November 1954.  This form shows in Section 9 (Section 9) Medals, Decorations, and Citations) that he earned the following awards: the Combat Infantryman Badge, the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, the Republic of Korea Presidential Unit Citation, and the Meritorious Unit Emblem.  The Purple Heart is not among the awards listed.

6.  A DD Form 215 (Correction to DD Form 214), dated 30 July 1961 shows his records were corrected to add the Korean Service Medal with two bronze service stars, the Meritorious Unit Emblem (2nd Award), the Motor Vehicle Driver Badge, Mechanic Badge with Bar, and the Marksmanship Badge with Carbine Bar.

7.  The applicant’s record contains a Certification of Military Service from the National Personnel Records Center (NPRC), dated 7 July 1998 which confirms the applicant was a member of the Regular Army during the period 13 December 1949 to 28 October 1955.

8.  The applicant’s military personnel file contains no orders, or other documents indicating he was ever wounded in action, or recommended for or awarded the Purple Heart.  Further, the medical treatment records contained in his military personnel file give no indication that he ever was treated for a combat related wound or injury.  

9.  The applicant’s name is not listed on the Korean War Casualty Roster.

10.  The applicant’s record contains Evacuation Order Number 187, dated 8 October 1950.  These orders contain a list of evacuees from Osaka Army Hospital, Japan.  This document shows the applicant diagnosis as urethral stricture (cause undetermined). 



11.  Hospital Admission Cards from the Department of the Army Office of The Surgeon General (OTSG) show the applicant was admitted on 22 September 
1950.  His diagnosis of urethral stricture was confirmed and he was also diagnosed with acute tonsillitis.  These records do not show the applicant’s condition was the result of a battle casualty and that he would be scheduled for evacuation.

12.  The applicant’s records also contain Headquarters, 6604th United States 
Air Force Letter Orders Number 85, dated 13 November 1956 which show the applicant was authorized Medical Air Evacuation Travel from Thule Air Base, Greenland for medical treatment.  He was also released from his attachment with the 1st Engineer Artic Task Force.  

13.  The applicant provided a certificate, dated 25 January 1952.  This document was signed by an Army assistant personnel officer (no command or unit is identified).  The personnel officer stated that this certificate certified that he was the official custodian of the Service Record and Allied Papers of the applicant.  He further stated that records show the applicant was an enlisted man who served in the Korean combat zone from 24 August 1950 to 12 September 1950 and was hospitalized as a result of wounds incurred in Korea on or about 10 September 1950.  

14.  The document also stated the applicant was hospitalized as a result of wounds incurred in Korea at U.S. Army Hospitals in Japan from 13 September 1950 to include 7 October 1950 and “at Hospital Plane returning to the Zone of Interior from 8 October 1950 to 11 October 1950 at Letterman General Hospital in San Francisco, California from 12 October 1950 to 27 December 1950.”  This document does not state the specific injuries incurred by the applicant and does not state that his wounds were related to combat.

15.  Army Regulation 800-8-22 (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, and the medical treatment must have been made a matter of official record.  There is no statue of limitations governing requests for award of the Purple Heart.






DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the Purple Heart was carefully considered and an extensive review of his records was conducted.  However, by regulation, in order to award a Purple Heart, it is necessary to establish that a member was wounded in action and that the wound required treatment by a medical officer and this treatment must have been made a matter of official record.  

2.  The applicant provided a document from an individual who claimed to be the custodian of his service records and that the applicant was wounded in Korea on or about 10 September 1950.  However, this document does not show evidence of medical treatment for wounds sustained as a result of a combat related wound or injury.  While the document refers to wounds, no specific diagnosis, cause, or circumstances are discussed.  Medical records corroborate that the applicant was hospitalized in 1950.  However, hospital and clinical records show he was diagnosed with urethral stricture and evacuated to the U.S. for treatment. 

3.  The Purple Heart is not included in the list of awards contained on the applicant’s final 31 December 1962 DD Form 214.  He authenticated this document with his signature on the date of his retirement.  Additionally, the applicant’s name is not included on the Korean War Casualty Roster.

4.  The veracity of the applicant’s claim of entitlement to the Purple Heart is not in question.  However, absent any evidence of record to corroborate that the applicant sustained and/or was treated for a combat related wound/injury, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 December 1961; therefore, the time for the applicant to file a request for correction of any error or injustice expired on      30 December 1964.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.  	







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JS  __  __LDS __  __KWL__  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.





______  John Slone   _____
          CHAIRPERSON




INDEX

CASE ID
AR20050001483
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051018
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.