RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 January 2008
	DOCKET NUMBER:  AR20070012392 


	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

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Gerald J. Purcell

Chairperson

Mr. Donald L. Lewy 

Member

Mr. David W. Tucker

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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Bronze Star Medal and deserves the Purple Heart, but they were left off of his discharge papers. 

3.  The applicant provides copies of a self-authored letter describing the incident in which he was wounded; a certificate for award of the Bronze Star Medal, dated 19 March 1958; and his DD Form 214 in support of the application.

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 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 determine 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 filling.

2.  The applicant's military records are not available 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 to conduct a fair and impartial review of this case.  

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army and entered active duty on 9 January 1951.  The applicant was awarded military occupational specialty (MOS) 1775 (Radar Operator).  This form also shows he was honorably discharged on 8 January 1954.  His record shows he completed
3 years of active duty.




4.  Item 27 (Decorations and Citations) of the applicant's DD Form 214 shows he was awarded the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the National Defense Service Medal, and the Good Conduct Medal.  The applicants DD Form 214 does not show award of the Bronze Star Medal or the Purple Heart.

5.  Item 29 (Wounds Received in Action) of the applicant's DD Form 214 shows the entry "None."

6.  There are no orders in the applicant’s reconstructed service personnel records which show that he was awarded the Bronze Star Medal or the Purple Heart.

7.  There is no medical evidence in the available record which shows that the applicant sustained wounds as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

8.  The applicant's name is not listed on the Korean War Casualty File.

9.  The applicant’s undated letter states, in effect, that he served in Korea from May 1952 through April 1953.  He continues that he was wounded by enemy shrapnel as a forward observer for the 171st Field Artillery Battalion of the 45th Infantry Division.  He continues that because of the confidential nature of his activities and the advanced position of his base of operations, his unit operated almost independently.  The applicant continues that his unit reported enemy fire, and in his search of severed telephone lines, enemy shells landed close to him.  The applicant continues that a piece of shrapnel tore through his boot, and ripped open his shin and surrounding tissues of which he has scars.  The applicant continues that his radar crew came to his rescue and dragged him to the bunker. The applicant continues that he was medically evacuated to a "MASH unit" where he was treated and returned to his unit three weeks later.  The applicant states that at the time, medal and citations seemed irrelevant to returning home.

10.  The applicant provided a copy of a certificate for award of the Bronze Star Medal for meritorious achievement in ground operations against the enemy in Korea, during the period 16 May 1952 through 1 April 1953, dated 19 March 1958.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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 military medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Bronze Star Medal.  The applicant also contends that he is entitled to award of the Purple Heart for wounds sustained while he was serving in Korea.

2.  The applicant's record does not show general orders that awarded him the Bronze Star Medal, which is required with all personal decorations.  Although the applicant provided a copy of an award certificate for the Bronze Star Medal, the certificate alone is insufficient evidence upon which to base award of the Bronze Star Medal in this case.  

3.  There are no general orders that show the applicant was awarded the Purple Heart.  In the absence of evidence that the applicant sustained wounds as a result of hostile action, or was treated for those wounds and was made a matter of official record, there is insufficient evidence upon which to base award of the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_DWT____  __DLL__  _GJP ___  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.




_Gerald J. Purcell___
          CHAIRPERSON



INDEX

CASE ID
AR20070012392
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
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.