IN THE CASE OF:	  

		BOARD DATE:	        02 OCTOBER 2008

		DOCKET NUMBER:  AR20080005687 


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 two additional Purple Hearts.

2.  The applicant states, in effect, that he was wounded three (3) times.  He contends that a concussion hand grenade went off by his knees and legs and that a piece of shrapnel hit his left shoulder.  He was not hospitalized; he just rested at the aide station.  The second time he was wounded was 11 October 1952 and he was awarded the Purple Heart.  The third time he was wounded from a piece of metal from a hand grenade that hit his left shoulder (sic).  He wants the additional Purple Hearts before he dies.  He feels he has earned them. In his old age, his knees are giving out and he falls a lot.  He has shoulder pain and lack of movement.  He believes he's entitled to the additional Purple Hearts because he did the job with no complaints.  

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the U.S.); a copy of his separation physical; and a copy of one page of his DA Form 20 (Enlisted Qualification Record).  

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.  On 13 December 1950, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 4345 (Light Truck Driver).  He attained the grade of corporal/E-4.  On 
2 December 1952, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  

4.  The applicant served in the Republic of Korea (ROK) from 30 August 1951 through 5 November 1952.  He performed duties as a rifleman with Company K, 5th Cavalry Regiment.

5.  The applicant was awarded the Purple Heart for wounds sustained in hostile action against the enemy on 11 October 1951.  This incident is well-documented in the applicant's official record.  It shows that he was wounded by mortar fire.  Shell fragments penetrated below his right eye, left hip and left shoulder.  His name appears on the Korean Casualty File for 11 October 1951.

6.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action other than on 
11 October 1951.  In the applicant's separation physical, the examiner notes "Wound, shrapnel, left shoulder, face, hip, back, Oct. 51, 2 months in 382nd Gen. Hosp. Osaka Japan" and "Present complaint 'Pains in shoulder, and back, face, left knee was hit by concussion hand grenade, Oct 51, no hosp."  

7.  There are no general orders in the applicant’s records to show he was awarded the Purple Heart other than for wounds sustained on 11 October 1951.

8.  The applicant's name is not listed in the Korean War Casualty File other than on 11 October 1951.

9.  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 military medical personnel, and the medical treatment must have been made a matter of official records.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's record to show more than one award of the Purple Heart.  His name is not listed in the Korean War Casualty File except for 11 October 1951 for which he already received the Purple Heart.

2.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action other than on
11 October 1951.  His separation physical indicates that he received shrapnel wounds in October 1951.  

3.  In order to be awarded the Purple Heart, the applicant must show evidence that his alleged wounds or injuries were sustained as a result of hostile action or show that he was treated for wounds sustained as a result of hostile action.  The applicant contends that he was wounded on 2 other occasions and is entitled to award of a second and third Purple Heart.  However, he has provided no corroborating evidence in support of his contentions and his official record does not support his contentions.  As such, there is insufficient evidence upon which to grant the applicant's request.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms. 

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.

ABCMR Record of Proceedings (cont)                                         AR20080005687



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005687



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1