IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080006690
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, as the spouse, requests, in effect, correction of her husband's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was awarded the Purple Heart.
2. The applicant states, in effect, that her husband never received his Purple Heart he was promised when he returned to the United States. He met all the requirements for eligibility.
3. The applicant provides a copy of her husband's DD Form 214 and a copy of her Power of Attorney in support of her request.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel remains silent.
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 husband's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he enlisted and entered active duty on 20 February 1952. He completed 1 year and 15 days of foreign service. He was promoted to sergeant (SGT/E-5) on 1 August 1953. He continued to serve until he was honorable released from active duty on 19 November 1953.
3. The applicant's husband's DD Form 214 shows he was awarded the Korean Service Medal, with three bronze service stars; the United Nations Service Medal; and the Combat Infantryman Badge. His DD Form 214 does not show any additional awards.
4. Item 29 (Wounds Received as a Result of Action with Enemy Forces), of the applicant's husband's DD Form 214, shows the entry "NOND" (sic NONE).
5. The applicant's husband's name does not appear on the Korean War Casualty File.
6. There is no record that the applicant's husband was awarded the Purple Heart. There also is no evidence in his records that show he was wounded or treated for wounds as a result of hostile action.
7. The applicant provided a copy of her Power of Attorney to show that she is an applicant with a proper interest.
8. 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 by military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There are no orders awarding the applicant's husband the Purple Heart, he is not listed on the Korean War Casualty File, and there are no medical records available to show that he was treated for a wound that he may have received as a result of hostile action. Therefore, there is an insufficient basis upon which to approve award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. 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.
______________________
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) AR20080006690
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