RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 December 2005
DOCKET NUMBER: AR20050007214
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. Richard Dunbar | |Chairperson |
| |Mr. James Gunlicks | |Member |
| |Mr. Scott Faught | |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 DD Form 214 (Report of
Separation from the Armed Forces of the United States) to show award of the
Purple Heart.
2. The applicant states he was wounded in a special training exercise in
April 1954.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 28 January 1955. The application submitted in this case is
dated 30 April 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 limitation 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’s military records are not available to the Board for
review. A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973. It is believed that the
applicant’s records were lost or destroyed in that fire. However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.
4. The applicant was inducted on 29 January 1953 and honorably discharged
on 28 January 1955.
5. The applicant’s DD Form 214 shows the National Defense Service Medal
and the Good Conduct Medal as authorized awards. Item 29 (Wounds Received
as a Result of Action with Enemy Forces) on the applicant's DD Form 214
shows the entry, "None." His DD Form 214 also shows that he did not serve
any foreign service.
6. There is no evidence in the available records which shows the applicant
was awarded the Purple Heart or was wounded as a result of hostile action.
7. The actual hostilities for the Korean War ended on 27 July 1953.
8. 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, and the
medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record which shows the applicant was wounded or
treated for any injuries as a result of hostile action. The applicant
contends that he was wounded in a special training exercise in April 1954.
Since there is no evidence of record which shows he served in Korea and the
actual hostilities for the Korean War ended on 27 July 1953, there is
insufficient evidence on which to base an award of the Purple Heart in this
case.
2. Records show the applicant should have discovered the alleged error now
under consideration on 28 January 1955; therefore, the time for the
applicant to file a request for correction of any error expired on 27
January 1958. 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
RD_____ _JG_____ _SF_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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.
___Richard Dunbar_____
CHAIRPERSON
INDEX
|CASE ID |AR20050007214 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051208 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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