RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 JULY 2006
DOCKET NUMBER: AR20050013092
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. Rene’ R. Parker | |Analyst |
The following members, a quorum, were present:
| |Mr. Allen Raub | |Chairperson |
| |Ms. LaVerne Douglas | |Member |
| |Ms. Peguine Taylor | |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, in effect, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
he was wounded and thereby entitled to the award of the Purple Heart.
2. The applicant states he received a gunshot wound to the right upper
inner thigh. However, no entry was made in item 29, on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a supporting
letter.
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records are not available to the Army Board
for Correction of Military Records (ABCMR) 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 for the ABCMR to conduct a fair and impartial review of this
case.
2. Records available to the Board show that the applicant enlisted into
the Army for 3 years and entered active duty on 5 January 1951. He served
in Korea from 25 November 1952 to 30 November 1953. The applicant was
honorably discharged on 5 December 1953.
3. The applicant provided a supporting letter from a “war buddy” who
verifies that the applicant received a gun shot to his upper right leg.
The war buddy said that he does not remember the date the applicant’s
injury occurred. However, he does remember the applicant’s injury required
treatment by the medical facility in Japan. The war buddy admitted that he
is trying to help the applicant prove that he was wounded so he can receive
his Purple Heart, which is way overdue.
4. The word “None” is listed in item 29 on the applicant’s DD Form 214
“Wounds Received as a Result of Action with Enemy Forces.”
5. Letter dated 28 February 2005, verifies that the Chief, Military Awards
Branch, Human Resources Command, reviewed the historical casualty records
from the Korean War era for the 14th Infantry Regiment, 25th Infantry
Division, and did not find any orders awarding the applicant the Purple
Heart. The Military Awards Branch official advised the applicant, through
his Representative, to contact the National Personnel Center with all
pertinent information to obtain daily unit morning reports, if available,
to substantiate his wounding.
6. There is no documentation in the available records which show that the
applicant sustained wounds or was treated for wounds incurred as a result
of hostile action.
7. 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 AND CONCLUSIONS:
There are no medical records available which show the applicant was wounded
or treated for wounds as a result of hostile action during his service in
the Korean War. The letter from the applicant’s “war buddy” is not
sufficient evidence to support his application. Additionally, a review of
the historical casualty records from the Korean War era for the 14th
Infantry Regiment, 25th Infantry Division, failed to show any orders
awarding the applicant the Purple Heart. In the absence of medical records
supporting the applicant's contention, there is an insufficient basis for
award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___AR __ ___LD __ ___PT __ 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.
______ Allen Raub__________
CHAIRPERSON
INDEX
|CASE ID |AR20050013092 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060725 |
|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. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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