IN THE CASE OF:
BOARD DATE: 23 December 2008
DOCKET NUMBER: AR20080009951
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, in effect, correction of his 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 he was injured in the line of duty in a war zone and never received the Purple Heart. He also states that his award of the Purple Heart was overlooked by the Army and he would like his discharge to reflect his award of the Purple Heart. He adds that he would like all of his Army records brought up to date and that he is having problems with injuries. He also adds that he has a scar and paralysis on his right hand between his thumb and index finger.
3. The applicant provided a copy of his DD Form 214 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 applicant'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. His DD Form 214 shows that he was inducted into the Army of the United States and entered active duty on 6 November 1953. He was trained in military occupational specialty 664.10 as a Railway Movement Specialist. He was credited with 1 year, 11 months, and 23 days of total active service with 1 year, 4 months, and 24 days of foreign service. He was promoted to the rank of private first class on 19 October 1954. He served until he was released from active duty on 28 October 1955.
3. The applicant's DD Form 214 shows he was awarded the Good Conduct Medal, the Korean Service Medal, the United Nations Service Medal, and the National Defense Service Medal. His DD Form 214 does not show any additional awards.
4. Item 28 (Most Significant Duty Assignment) of the applicant's DD Form 214 shows the entry "HQ CO 3D BN 34INF" [Headquarters Company, 3d Battalion, 34th Infantry].
5. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows the entry "NONE."
6. The applicant's name does not appear in the Korean War Casualty File.
7. There are no orders in the applicant's reconstructed service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action while serving in Korea.
8. 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 by military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. There are no orders awarding the applicant the Purple Heart, he is not listed in the Korean War Casualty File, and there are no medical records available to show that the applicant 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.
3. The applicant claims that he was injured in the line of active duty in a war zone and never received the Purple Heart. He also states that his award of the Purple Heart was overlooked by the Army and he would like for his discharge to reflect his award of the Purple Heart; however, he has provided no evidence to show that he was wounded as a result of enemy activity. The applicant provides no evidence, medical or otherwise, to support his claim. The applicant is therefore not eligible for award of the Purple Heart and to have it added to his DD Form 214.
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) AR20080009951
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ABCMR Record of Proceedings (cont) AR20080009951
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