IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080008387
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 the award of the Purple Heart.
2. The applicant states, in effect, that he received a 30 percent disability rating for a gunshot wound to his right shoulder.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) in support of this 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 applicant's service records show he was inducted into the Army of the United States and entered active duty on 21 August 1951 and he was awarded the military occupational specialty (MOS) of an infantryman. Records further show the applicant completed 1 year, 10 months, and 12 days of creditable active service and 1 year, 4 months, and 13 days of Foreign Service. He was honorably separated on 2 July 1953.
3. The applicant's records show he subsequently enlisted in the United States Army Reserve on 12 May 1974 and served continuously until his retirement on 16 December 1992.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the applicant was awarded the Korean Service Medal with 3 bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge.
5. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 contains the entry "None."
6. The applicant's records contain a Standard Form 88 (Report of Medical Examination), dated 8 October 1985. This document shows the applicant sustained a gunshot wound to his right shoulder. There is no evidence that shows this wound was a result of hostile action.
7. There are no general orders in the applicant's service personnel records that show he was awarded the Purple Heart.
8. The applicants name does not appear on the Korean Casualty File.
9. Army Regulation 600-8-22 (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 required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Purple Heart.
2. Although the applicant's medical records show he sustained an injury to his right shoulder, no evidence is found in the applicant's records that show his injury was a result of hostile action. There are no records to show the date of the applicant's injury or when he was treated. The applicant's name is not listed on the Korean Casualty File.
3. Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case.
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.
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