IN THE CASE OF:
BOARD DATE: 17 June 2008
DOCKET NUMBER: AR20080001539
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart.
2. The applicant states that he was injured while serving in combat in Korea.
3. The applicant provided a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 4 July 1953, and a self-authored letter, dated 21 December 2007, in support of his 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 an applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants 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 DD Form 214 shows that he entered active duty in Lapeer, Michigan, on 5 October 1951, in the rank/grade of private (PVT)/E-1, and that he was trained in military occupational specialty (MOS) 1745 (Light Weapons Infantry). This form also shows he was served with A Company, 5th Infantry Regiment.
4. The applicants DD Form 214 further shows that he completed 1 year and 9 months of creditable military service, 10 months and 21 days of which was foreign service. He was honorably separated in the rank/grade of private first class (PFC)/E-3 (T) and transferred to the U.S. Army Reserve Control Group on 4 July 1953.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Combat Infantryman Badge, the United Nations Service Medal, and the Korean Service Medal with one bronze service star. Item 27 does not show award of the Purple Heart.
6. Item 29 (Wounds Received As a Result of Action With Enemy Forces) of the applicants DD Form 214 shows the entry None.
7. The applicants reconstructed records do not contain General Orders awarding him the Purple Heart. Furthermore, the applicant's name is not shown on the Korean Casualty File.
8. The applicant's medical records are not available for review with this case.
9. In his self-authored statement, the applicant states that he and two other Soldiers were digging an area for a bunker on top of a mountain when suddenly, an explosion took place. He further adds that he discovered blood coming out of his stomach and left hand little finger in what appeared to be shrapnel wounds. He was taken to the aid station where his finger was bandaged and his stomach area taped.
10. 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 an 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, and the medical treatment must have been made a matter of official record. This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records that shows that he was wounded or injured as a result of hostile action or treated for such wounds. In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, 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
__xxx___ __xxx___ __xxx___ 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.
XXX
_ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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