RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 January 2008
	DOCKET NUMBER:  AR20070011555 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Ann M. Campbell

Chairperson

Mr. Dean A. Camerella

Member

Mr. Rodney E. Barber

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 award of the Purple Heart and correction of his records to show award of the Republic of Korea Letter of Appreciation and the Republic of France "Normandy Participation Diploma."

2.  The applicant states that he sustained a frostbite injury as well as a shrapnel wound to his leg during his service in World War II (WWII).  He also states that during his service in Korea, medical personnel wanted to discharge him because he was completely disabled as a result of a prior parachute jump, but he refused to leave.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  a copy of DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 December 1953;

b.  a copy of WD AGO Form 53 (Enlisted Record and Report of Separation, Honorable Discharge), dated 28 November 1949;

	c.  a copy of WD AGO Form 53, dated 3 December 1948; 

	d.  a copy of WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), including Honorable Discharge Certificate, dated 3 December 1945;

	e.  a copy of the Republic of Korea Letter of Appreciation, dated 25 June 2000; and 

f.  a copy of the Republic of France Diploma, dated 6 June 2001, for participation in the Normandy Invasion during WWII.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  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..

3.  The applicant's records show that he was inducted in the Army of the United States and entered active duty on 4 August 1944 in military occupational specialty (MOS) 405 (Clerk Typist).  He subsequently had a series of reenlistments and was honorably discharged on 1 December 1953.  He was issued several discharge and/or separation documents during his military service as follows:

	a.  WD AGO Form 53-55, dated 3 December 1945, shows:

		1.  he was assigned to the "20th Company, 1262nd SCU PC";

		2.  he served in the European-African-Middle Eastern (EAME) Theater during the period 22 January 1945 through an unknown date in August 1945 and completed 8 months and 25 days of continental service and 7 months and 5 days of foreign service;

		3.  he was honorably separated on 3 December 1945; 

		4.  Item 33 (Decorations and Citations) of this form shows he was awarded the Combat Infantryman Badge, the Bronze Star Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars.  Item 33 does not show award of the Purple Heart; and

		5.  Item 34 (Wounds Received in Action) of this form contains the entry "None." 


	b.  WD AGO Form 53, dated 3 December 1948, shows:

		1.  he enlisted in the Regular Army on 4 December 1945, performed duties in MOS 7502 (Administrative Noncommissioned Officer), and was honorably discharged on 28 November 1949; 

		2.  Item 33 of this form shows he was awarded the World War II Victory Medal and the Bronze Star Medal.  Item 33 does not show award of the Purple Heart; and,

		3.  Item 34 of this form contains the entry "None."

	c.  WD AGO Form 53, dated 28 December 1949, shows:

		1.  he reenlisted in the Regular Army on 4 December 1948, performed duties in MOS 70290 (Personnel Management Technician), and was honorably discharged on 28 November 1949;

		2.  Item 33 of this form does not show award of the Purple Heart; and, 

		3.  Item 34 contains the entry "None."

	d.  DD Form 214, dated 1 December 1953, shows:

		1.  he reenlisted in the Regular Army on 29 November 1945 and was honorably discharged on 1 December 1953;

		2.  Item 26 (Foreign and Sea Service) shows that he completed 7 months and 19 days of overseas service; 

		3.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form shows he was awarded the Korea Service Medal, the United Nations Service Medal, the National Defense Service Medal, and the Good Conduct Medal.  Item 27 does not show award of the Purple Heart; and, 

		4.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “None.”  


4.  The applicant submitted a copy of a letter of appreciation, dated 25 June 2000, from the President of the Republic of Korea on occasion of the 50th Anniversary of the Korea War.  The President thanked the applicant for his noble sacrifices during the Korea War.  

5.  The applicant also submitted a copy of the Republic of France Commemorative Certificate/Diploma, dated 6 June 2001, certifying his participation during the Normandy invasion of WWII. 

6.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

7.  Army Regulation 672-5-1 (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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

8.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most 

recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.

2.  There are no General Orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of evidence that he was wounded or injured as a result of hostile action and treated for those wounds, the applicant is not entitled to award of the Purple Heart in this case.

3.  Soldiers are routinely issued certificates of achievement and/or appreciation and letters of appreciation.  These certificates or letters, however, are not annotated on the DD Form 214.  Therefore, the applicant is not entitled to correction of his records to show his Republic of Korea Letter of Appreciation or Republic of France Commemorative Certificate.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__amc___  __dac___  __reb___  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.




							Ann M. Campbell
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011555
SUFFIX

RECON

DATE BOARDED
20080103
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.