IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080008628
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 the Purple Heart.
2. The applicant states that he was wounded by shrapnel from an enemy bomb blast of the outer wall of the First Tokyo Arsenal, Tokyo, Japan, where Headquarters, Army Security Agency, Far East, was garrisoned.
3. The applicant does not provide any additional documents in support of his request.
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 applicants military records show that he was commissioned as a second lieutenant and entered active duty on 16 April 1953. He was awarded the area of concentration of combat communications electronics officer, served in the Korean War and two tours in the Vietnam War, and was promoted to the rank of lieutenant colonel.
3. He was honorably released from active duty on 31 January 1981 and placed on the Retired List the following day for years of service.
4. The separation document (DD Form 214) issued to the applicant does not show that he was awarded the Purple Heart. There are no orders in his records awarding him the Purple Heart. There is no evidence or indication that the applicant was wounded as a result of hostile action.
5. The Korean Casualty List does not contain the applicants name.
6. Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicants military records do not contain any evidence that he was wounded as the result of hostile action.
2. The Korean Casualty List does not contain the applicants name.
3. As such, there is insufficient evidence in which to grant the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ___X___ 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.
_______ _ _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) AR20080008628
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ABCMR Record of Proceedings (cont) AR20080008628
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