IN THE CASE OF:	  

		BOARD DATE:	       24 February 2009

		DOCKET NUMBER:  AR20080013663 


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 a wound sustained in Korea.

2.  The applicant states that he was not treated at the time.  He recently learned on the computer about the Purple Heart and concussions.  He was on the front lines for 13 months.  He is just trying to get something he earned.  He did not go to a doctor or get treatment at the time because he did not need it.  He sustained a concussion from the shock of an incoming shell in October 1951.

3.  The applicant provides copies of a morning report; three hospital admission card printouts [commonly called SGO files]; a radiology report, dated 19 June 2008; a photograph that [he states] was taken in Japan; a 1 September 1951 Public Information Office, 1st Cavalry Division news release, stating the applicant had been promoted to sergeant; an extract of information about the Purple Heart from Army Regulation 600-8-22 (Military Awards), and a request for help to a United States Member of Congress.

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 his records were lost or destroyed in that fire.  The available records consist of his DD Form 214 (Report of Separation from the Armed Forces of the United States.)

3.  The applicant enlisted and entered active duty on 21 June 1950.  He served in Korea where he was awarded the Combat Infantryman Badge and promoted to sergeant (SGT)/E-5.  He was separated with an honorable discharge on 20 June 1953.

4.  Block 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his authorized awards as the Korean Service Medal with three bronze service stars and the Combat Infantryman Badge.  Block 29 (Wounds Received as a Result of Action with Enemy Forces) states, "None." 

5.  The applicant's name does not appear in the Korean War Casualty File.

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 for wounds or injuries received in action must have been made a matter of official record.

7.  In an effort to assist the applicant, the National Personnel Records Center (NPRC), St. Louis, Missouri searched the computer files of the health record research project commonly referred to as the "SGO Files."  These records were derived by transposing hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the NPRC.  This information can be a valuable substitute for the records lost in the NPRC fire of 1973.  


8.  A search of the SGO Files found two entries containing the applicant's service number.  These were submitted by the applicant with his application.  One is dated 23 December 1950 and the other March 1952.  Neither was battle-related.

9.  The copy of the unit morning report submitted by the applicant with this application reports several personnel who were transferred as battle casualties.  However, he is identified only as having returned from "DS [acronym unknown] Hq Co 2nd Bn 5th Cav Regt to dy [duty] eff 24 Sep 51."

10.  The 2008 radiology report submitted by the applicant documents a small pinpoint opaque foreign body in the applicant's right palm.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he was knocked down and out and suffered a concussion from an enemy shell; however, there is no record of treatment because he did not require treatment at the time.

2.  By his own admission the applicant received no treatment.  Absent a record of treatment for wounds or injuries received in action award of the Purple Heart is not authorized.

3.  There is no available evidence to show that the applicant is entitled to the Purple Heart.

4.  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:

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)                                         AR20080013663



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ABCMR Record of Proceedings (cont)                                         AR20080013663



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