IN THE CASE OF:
BOARD DATE: 17 March 2009
DOCKET NUMBER: AR20080011678
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, that he be awarded the Purple Heart.
2. The applicant states, in effect, that his eardrums were damaged by enemy artillery fire. He treated himself and sometimes a medic would help him clean the blood out of his ears. He questions whether the various medical examinations which show his hearing as unchanged was based upon accurate testing.
3. The applicant provides his Department of Veteran Affairs (VA) rating decision showing service connection for a hearing loss.
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 are not available for review by the Board. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that his records were lost or destroyed in that fire.
3. The available records consist of copies of his WD AGO Form 53 (Enlisted Record and Report of Separation) for the period of service from 19 November 1947 to 20 November 1949 and his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period of service from 21 November 1949 to 12 December 1955. The second period of service included 4 years,
3 months and 19 days of foreign service.
4. Block 27 (Decorations Medals, Badges, Commendations, Citations, Campaign Ribbons Awarded or Authorized) of the DD Form 214 lists the United Nations Service Medal, Army of Occupation Medal, Korean Service Medal with six bronze service stars, Republic of Korea Presidential Unit Citation, and the National Defense Service Medal.
5. The applicant's medical records were apparently held by the VA for some undeterminable period of time. They include approximately 89 pages of medical and dental records. These records also contain three medical examinations, and neither refers to an ear or hearing problem.
6. The available evidence does contain a record, dated 10 November 1949, that refers to the applicants left ear, however, this record is hard to decipher and it is unsigned.
7. The applicant is not listed on the Korean War Casualty Roster.
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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that his eardrums were damaged by enemy artillery fire and that a medic helped him care for them.
2. Regrettably, the available evidence does not sufficiently show the applicant was treated for a wound that he sustained as a result of enemy action. The available medical record, dated 10 November 1949, is unclear and unsigned.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.
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 him 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) AR20080011678
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ABCMR Record of Proceedings (cont) AR20080011678
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