IN THE CASE OF:	

		BOARD DATE:	  2 October 2008

		DOCKET NUMBER:  AR20080012226 


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 sustained combat injuries in Korea in September 1951. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Forms 214 (Report of Separation from the Armed Forces of the United States), dated 9 January 1951 and 10 December 1953.

	b.  Two Honorable Discharge Certificates, dated 9 January 1951 and 10 December 1953.

	c.  Personal letter, dated 23 February 1952, addressed from the applicant to his aunt.

	d.  Self-authored statement, dated 8 July 2008.

	e.  Letter, dated 21 October 2004, Nomination to receive the New Jersey Korean Service Medal.

	f.  Personnel Roster, Company C, 1st Battalion, 8th Regiment.


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 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 applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214, dated 9 January 1951, shows that he entered active duty in Newark, New Jersey, on 19 June 1950, in the rank/grade of private (PVT)/E-1 (Recruit) and that he was trained in military occupational specialty (MOS) 0521 (Basic Recruit).  This form also shows he served with A Battery, 376th Airborne Artillery Battalion.  He was honorably discharged on 9 June 1951 for the purpose of immediate reenlistment for an overseas assignment.

4.  The applicant's DD Form 214, dated 10 December 1953, shows he reenlisted on 10 January 1951, at Fort Bragg, North Carolina, and in the rank/grade of PVT2/E-2.  He held MOS 1745 (Infantry) and was assigned to K Company, 110th Infantry Regiment.  

5.  The applicant’s DD Form 214 further shows that he completed 3 years, 5 months, and 22 days of creditable military service, of which 2 years, 1 month, and 6 days was foreign service.  On 10 December 1953 he was honorably separated in the rank/grade of private first class (PFC)/E-3.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 



shows he was awarded the Army of Occupation Medal with Japan Clasp, the 
Korean Service Medal, the United Nations Service Medal, and the Combat Infantryman Badge.  Item 27 does not show award of the Purple Heart.

7.  Item 29 (Wounds Received As a Result of Action with Enemy Forces) of the applicant’s DD Form 214 shows the entry “None.” 

8.  The applicant’s reconstructed records do not contain General Orders awarding him the Purple Heart.

9.  The applicant’s name is not shown on the Korean Casualty File.

10.  The applicant's medical records are not available for review with this case.  Furthermore, the information from the hospital admission cards created by the Office of the Surgeon General, Department of the Army, show the applicant was admitted and/or treated in March 1951 for a common cold;  January 1952 for medical observation; March 1952 for acute urethritis due to gonococcus; and January 1953 for acute gastroenteritis.  There is no entry for a combat wound or injury.

11.  In a letter mailed by the applicant on 23 February 1952 from Japan to his aunt in New Jersey, the applicant wrote "…In Korea, I got wounded, but not serious, it was only a couple of pieces of rock and shrapnel in my hands, but its OK now."

12.  In his self-authored letter, dated 8 July 2008, the applicant stated that he was a rifleman with the 1st squad, 1st platoon, C Company, 8th Regiment, 1st Cavalry Division, and that in late September or October 1951, B Company of the same regiment was pinned down by enemy fire in a ravine.  He was an ammunition bearer for the squad.  They positioned themselves on a ridge, and when the fire stopped, they crossed to the opposite side of the ridge when they came under fire.  One round hit so close, he could see the back of his hand bleeding.  A company medic provided him first aid and handed him what looked like a laundry tag and said it was for the Purple Heart.  However, in the fog of war, he lost that tag.  

13.  The applicant submitted a copy of a letter from the State of New Jersey, dated 21 October 2004, informing him that he was nominated to receive the New Jersey Korean Service Medal.  

14.  The applicant also submitted a copy of a personnel roster of C Company that shows his name and address in New Jersey.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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's honorable service to his country and his foreign service in Korea are not in question.  Additionally, the applicant's recollection of events that happened in September or October 1951 and his letter to his aunt in 1952 were noted.  However, they are insufficient to support award of the Purple Heart in this case.

2.  There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records that show he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base 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:

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)                                         AR20080012226



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012226



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1