IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080006522
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 correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Purple Heart for wounds received in the Republic of Korea.
2. The applicant states that the letter from the National Personnel Records Center (NPRC), dated 13 February 2006, proves that his records should be corrected to show award of the Purple Heart.
3. The applicant provides copies of his DD Form 214 and a letter from the NPRC, dated 13 February 2006. He indicates on his application that he has submitted a letter from the 38th [Infantry] Regiment, lost records from the 2nd Infantry Division, and from the 395th Station Hospital. However, none of those documents were received.
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 applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. The applicants DD Form 214 shows the following:
a. that he enlisted on 5 October 1949 for 3 years and was honorably discharged on 16 October 1952, after completing 3 years and 12 days of creditable service;
b. that his military occupational specialty (MOS) was 4055 (General Clerk);
c. that his awards and decorations include the Korean Service Medal with 2 bronze service stars, Republic of Korea Presidential Unit Citation, and the Army of Occupation Medal with Japan Clasp; and
d. that he was not wounded in action.
4. On 13 February 2006, the NPRC wrote a letter stating that they were pleased to have verified the applicants entitlement to award of the Purple Heart. The letter does not describe any direct evidence regarding what wounds the applicant sustained, the circumstances surrounding those wounds, or what documents the NPRC used as a basis for their verification of this entitlement.
5. The United States Army Surgeon Generals Office (SGO) Hospital File Listing for 1950-1953 (Korea) shows the applicant was hospitalized. He was admitted, on 22 September 1950, to an unidentified hospital in Korea for Otitis media, suppurative, chronic [infection and inflamation of the middle ear and ear drum, festering]. In July 1951, he was admitted to an unidentified hospital in Japan for a perforation of his tympanic membrane [ear drum] and an infection of the external auditory meatus [ear canal]. Neither of these hospitalizations were documented as being as a result of battle.
6. The applicant's name does not appear on the Korean War Casualty List as a combat casualty.
7. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There are no general orders available showing that the applicant was awarded the Purple Heart. The applicant's name is not listed on the Korean War Casualty List. The SGO List shows that he was hospitalized for non-battle injuries. The NPRC letter verifying his entitlement to award of the Purple Heart is not sufficient by itself as a basis to correct the record. Therefore, the applicant's request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X __ ___X____ ___X____ 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.
__________ _ X _______ ___
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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080006522
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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