IN THE CASE OF:	  

	BOARD DATE:	  5 August 2008

	DOCKET NUMBER:  AR20080008109 


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 military records to show award of the Purple Heart.

2.  The applicant states, in effect, that at the end of May, 1951, he was sleeping in a railroad box car when it was hit by enemy artillery.  He was thrown approximately 25 to 30 feet from the box car and was bruised and scratched.    At the time he declined medical treatment since no bones were broken.  He was offered the Purple Heart by his commander, but nothing ever came of it.  With respect to benefits, he now realizes the significance of the Purple Heart.   

3.  The applicant provides copies of his Report of Separation from the Armed Forces of the United States (DD Form 214) and a Department of Veterans Affairs (VA) Rating Decision dated 13 April 1999.   

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 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.  On 29 July 1948, the applicant enlisted in the Regular Army for 2 years.  He was assigned duty with the Transportation Corps as a light truck driver.  

4.  On 13 February 1950, the applicant was released from active duty and transferred to the Enlisted Reserve Component.  He had attained the rank of private first class, and had completed 1 year, 6 months, and 7 days of creditable active service and had 8 days of lost time.

5.  On 14 February 1950, the applicant was called to active duty as a member of the Enlisted Reserve.  He was assigned with the 501st Airborne Medical Battalion and served in the Republic of Korea Theater for 10 months and 7 days. 

6.  On 1 November 1951, the applicant was released from active duty and transferred to the Enlisted Reserve Component.  He had completed a total of 
3 years, 2 months, and 25 days of creditable active service. 

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 1 November 1951, lists the Korean Service Medal with three bronze service stars.  It does not show award of the Purple Heart. 

8.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows “None”.

9.  The applicant's name does not appear on the Korean War Casualty List as a combat casualty.

10.  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.

11.  The VA Rating Decision, provided by the applicant, verifies that there was an ammunition explosion on 11 March 1951 at the Chae Chon Railhead and that the applicant’s unit had the mission of transporting battle casualties on hospital trains.  It does not indicate that the applicant was ever wounded; but, he may have experienced traumatic events that met the criteria for post traumatic stress disorder. 

DISCUSSION AND CONCLUSIONS:

There are no general orders or other evidence showing that the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Korean War Casualty List.  The evidence provided by the applicant indicates that he may have been in the vicinity of an ammunition explosion on 11 March 1951; however, it does not show that he received any wounds as a result of enemy action, or that he received medical treatment for any such wounds.  Therefore, the applicant's request for award of the Purple Heart 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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ABCMR Record of Proceedings (cont)                                         AR20080008109


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