IN THE CASE OF:	    

		BOARD DATE:	         17 September 2008

		DOCKET NUMBER:  AR20080008873 


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, in effect, that during the Korean Spring Offensive of 1951, he was stationed in Korea as a member of B Company of the 7th Infantry Regiment in the 1st Cavalry Division.  He further states that while defending a hill position, he slipped and a stake pierced the palm of his right hand.  He continues that he was sent to the 121st Evacuation Station, evacuated to the Tokyo Army Hospital located in Japan, and never returned to his command in Korea.  He contends that due to a lack of consideration by his command, he was never awarded the Purple Heart.  The applicant concludes that he is requesting this award in order to bring closure to his active duty service in the Army.

3.  The applicant provides copies of a self-authored statement, two Honorable Discharge Certificates, a DD Form 214 (Report of Separation from the Armed Forces of the United States), a Department of the Navy statement of service, and a copy of the response to his initial request from the Department of the Army Review Boards Agency Support Division, St. Louis, MO as additional documentary evidence 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 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 members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant provides an Honorable Discharge Certificate that shows he was honorably discharged from the Army of the United States on 8 October 1953 in the rank of private first class.

4.  The applicant provides a DD Form 214 that shows that as a member of the United States Army Reserve (USAR), he was called from inactive duty for the period 7 June 1954 through 10 June 1956.  This form also shows that he was an infantry Soldier and held the rank of private first class on the date of his release from active duty.  This DD Form 214 also shows the applicant did not serve overseas and did not receive any wounds as a result of action with enemy forces during this period of active duty.  The only entry in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form is the National Defense Service Medal.

5.  The applicant provides an Honorable Discharge Certificate that shows he enlisted as a member of the United States Army Ready Reserve on 7 January 1954 was honorably discharged from the Army of the United States on 4 February 1957 in the rank of private first class.

6.  The applicant provides a Department of the Navy, Bureau of Naval Personnel, Washington, DC, Statement of Service, dated 23 June 1971.  In pertinent part, this document shows the applicant enlisted in the United States Army on 25 October 1950 and was discharged on 8 October 1953.  This document also shows the applicant served in the United States Army Reserve from 7 January 1954 until his discharge on 4 January 1959 and enlistment into the United States Navy on the following day.


7.  The applicant provides a Department of the Army Review Boards Agency Support Division letter, dated 16 August 2005.  This letter was prepared in response to the applicant's DD Form 149 (Applicant for Correction of Military Record Under the Provisions of Title 10, United States Code, Section 1552), dated 4 April 2005.  This letter informed the applicant that it was believed that his Army service records were lost or destroyed in the fire at the National Personnel Records Center in 1973.  The letter also informed him that since sufficient records to determine exactly what had happened in his case could not be obtained, his case was being returned without action.  The letter asked the applicant to send a copy of his DD Form 214 so further action may be taken.  The letter concluded by informing the applicant that he may reapply at any time if he could submit the necessary supporting documents and/or information.

8.  Army Regulation 672-5-1 (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 been treated by military medical personnel, and the medical treatment must have been made a matter of official records.

9.  There is no evidence in the available records or the documents provided by the applicant which shows that he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the award of the Purple Heart due to injuries he received during hostile actions was carefully considered and determined to be without merit.

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.  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.

ABCMR Record of Proceedings (cont)                                         AR20080008873



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ABCMR Record of Proceedings (cont)                                         AR20080008873



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