IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080014196
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 was escorting straggler Soldiers back to the line when something exploded under his jeep. The jeep landed on top of him; however, he was told by the Executive Officer to get back to work.
3. The applicant did not provide any additional documentary evidence 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 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. 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 (Report of Separation from the Armed Forces of the United States) shows he entered active duty at Fort Preble, Maine, on 15 June 1949, in the rank/grade of private (PVT)/E-1 and that he served in military occupational specialty (MOS) 4677 (Policeman). This form also shows he served with the 560th Medical Company.
4. The applicants DD Form 214 further shows that he completed 3 years, 2 months, and 4 days of creditable active service during this period of military service, 1 year, 6 months, and 8 days of which was foreign service. He was honorably discharged in the rank/grade of corporal (CPL)/E-4 on 18 August 1952.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Good Conduct Medal. Item 27 does not show award of the Purple Heart.
6. Item 29 (Wounds Received As a Result of Action with Enemy Forces) of the applicants DD Form 214 shows the entry "None."
7. The applicants reconstructed records do not contain General Orders awarding him the Purple Heart.
8. The applicant's available medical records show he was treated for routine medical conditions; however, his medical records do not show he was treated for any wounds or injuries as a result of hostile action. Additionally, the applicant underwent a separation medical examination on 14 August 1952 that did not indicate he sustained any wounds or injuries during his military service.
9. The applicants name is not shown on the Korean Casualty File.
10. 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, and the medical treatment must have been made a matter of official record. This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
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 shows that 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:
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.
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ABCMR Record of Proceedings (cont) AR20080014196
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