IN THE CASE OF:
BOARD DATE: 29 JULY 2008
DOCKET NUMBER: AR20080010027
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 for injuries that he received in combat while serving in Korea in May 1953.
2. The applicant states that he was serving with the 5th Regimental Combat Team, Headquarters and Headquarters Company. He states that his jeep overturned while moving on the line and he was thrown out. He states that the jeep landed on top of him, across his legs and his chest. He states that the incident occurred on Christmas Hill, Korea, and that he was hospitalized for 2 weeks. He states that since it was a combat situation, he believes that he should be awarded the Purple Heart.
3. The applicant provides in support of his application, a copy of his Report of Separation from the Armed Forces of the United States (DD Form 214).
CONSIDERATION OF EVIDENCE:
1. The applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. This case is being considered using the DD Form 214 that was submitted by the applicant.
2. On 5 June 1952, the applicant enlisted in the Army in Atlanta, Georgia, for 3 years, in the pay grade of E-1. He successfully completed his training as a light weapons infantryman.
3. After completing 2 years, 11 month and 29 days of net active service this period, the applicant was honorably discharged on 3 June 1955, under the provisions of Army Regulation 615-360, at the expiration of his term of service.
4. The DD Form 214 that the applicant was furnished at the time of his discharge shows that he was awarded the Korea Service Medal, the United Nations Service Medal, the National Defense Service Medal and the Combat Infantryman Badge. Block number 29 (wounds received as a result of action with enemy forces) on his DD Form 214 reads "None."
5. A review of the Korean Casualty File does not show that the applicant was wounded as a result of hostile action by enemy forces.
6. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. There is no evidence in the available documentation, nor has the applicant submitted any evidence, to support his contention that he is entitled to be awarded the Purple Heart.
3. The Korean Casualty File does not show that the applicant was ever wounded as a result of hostile action by enemy forces. Additionally, block number 29 on his DD Form 214 shows that he received no wounds as a result of action by enemy forces and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
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) AR20080010027
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080010027
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080006430
The applicants military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action...
ARMY | BCMR | CY2012 | 20120017436
The applicant, through a Member of Congress, requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart for a scar he received in Korea. The applicant's military records are not available to the Board for review. 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.
ARMY | BCMR | CY2011 | 20110000903
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart. However, these statements alone are insufficient as a basis to grant him award of the Purple Heart in this case. In the absence of evidence to show he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2008 | 20080009583
The evidence of record clearly shows that the applicant was wounded in action on two separate occasions; therefore, it would be appropriate at this time to correct his military records to show the award of the Purple Heart with First Oak Leaf Cluster. As a result, it would be appropriate at this time to award him the Republic of Korea Korean War Service Medal, and to correct his military records to show this award. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2002 | 2002078631C070215
EVIDENCE OF RECORD : The applicant's military records show: Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Korea.
ARMY | BCMR | CY2010 | 20100013954
There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Korea. Therefore, there is insufficient evidence to support award of the Purple Heart in this case. ___________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.
ARMY | BCMR | CY2007 | 20070017220
Counsel states that service medical records verify the applicant was wounded in action. The applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on 29 November 1950 and the Purple Heart with First Oak Leaf Cluster for wounds received on 30 November 1950; b. adding the Purple Heart with First Oak Leaf...
ARMY | BCMR | CY2008 | 20080009591
The applicant states, in effect, that he received a head injury during combat in Korea on 18 October 1951 and should have been awarded the Purple Heart. The applicants military records are not available to the Board for review. Present since July; Frostbite right foot Korea March 1952; and Malaria Korea March 1952. 6.
ARMY | BCMR | CY2015 | 20150003625
IN THE CASE OF: BOARD DATE: 13 October 2015 DOCKET NUMBER: AR20150003625 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The fact that the applicant provided his VA Rating Decision document that shows he was granted a 10% disability rating for service connection for a left elbow condition and forearm, is not sufficient evidence to conclude that he is entitled to the award of the Purple Heart.
ARMY | BCMR | CY2008 | 20080008967
The applicant requests that he be awarded the Purple Heart for an injured back sustained in Korea in September 1950. 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. A 26 June 1951 medical treatment record entry indicates he sought help because of back pain and reported that he fell off a Jeep in September 1950.