IN THE CASE OF:	  

		BOARD DATE:	        05 MARCH 2009

		DOCKET NUMBER:  AR20080017966 


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 that he be awarded the Purple Heart and that his 
DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect that he served in action in Korea.

2.  The applicant states that he was wounded in Korea; however, his DD Form 214 does not reflect his wound and he was never awarded the Purple Heart.  He also states that he has morning reports showing he was in the hospital.

3.  The applicant provides a two-page statement explaining his application, a copy of two newspaper articles of which one is in regard to his wound, a copy of his DD Form 214, two pages of copies of morning reports, and five pages of special orders pertaining to the 62d Signal Battalion.

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 enlisted in the Regular Army in Toledo, Ohio on 30 December 1948.  He completed his training and was transferred to Japan as part of the occupation forces.  He attended an 8-week Field Repeater course at Eta Jima, an island off the coast of Kuri, near Hiroshima.

4.  He was promoted to the rank of temporary corporal on 18 March 1951 and served 2 years, 6 months and 21 days of foreign service in Japan and Korea.

5.  On 31 May 1952, he was honorably discharged at Fort Custer, Michigan as a Korean returnee.  He had served 3 years, 5 months and 2 days of total active service and was awarded the Combat Infantryman Badge, the Korea Service Medal with six bronze service stars, the United Nations Service Medal and the Army of Occupation Medal.

6.  In block 29 of his DD Form 214, under "Wounds Received as a Result of Action with Enemy Forces," is the entry "None."

7.  In the two-page letter provided with his application, the applicant states that he was in Korea and that it was Thanksgiving and he had to walk about a half mile to the mobile kitchen to get his food.  When he returned to relieve his partner, he entered his dug-out and was shot in the right upper chest.  He did not know who shot him or how it occurred but he was medically evacuated to Japan for treatment.  He continues by stating that he was in the hospital for several months and returned to his unit in Korea, only to find out that his unit was basically not in existence any more.  Accordingly, he was shipped home for discharge.

8.  One of the newspaper articles provided by the applicant indicates that he arrived in Tokyo hospital on 3 May 1951 after being hit by a .38 caliber bullet.  His buddy picked up the weapon to clean it and did not realize it had a round of ammunition in it and shot the applicant in the chest.

9.  A review of the morning reports and orders provided by the applicant failed to reveal any information pertaining to him.

10.  A review of the Korean War Casualty Listing fails to show any entry for the applicant or any indication that he was reported as a battle casualty.

11.  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.

12.  Special Regulation (SR) 615-360-1 served as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provided no provisions for making an entry on the DD Form 214 to reflect the theater and period served in combat.  Army Regulation 635-5 superseded that regulation and the current regulation in effect provides, in pertinent part, that the theater and period served in a hostile fire zone or theater will be entered in the "Remarks" section of the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was wounded while in Korea is not in doubt, there is insufficient evidence to establish that he was wounded as a result of enemy action and that treatment for that wound was made a matter of record.

2.  The evidence provided by the applicant indicates that he was accidently wounded by one of his comrades and if such was the case, he would not be entitled to award of the Purple Heart.

3.  Therefore, in the absence of sufficient evidence to establish that he was wounded as a result of enemy action and that the treatment was made a matter of record, there appears to be no basis to award him the Purple Heart at this time.

4.  The applicant's contention that his time spent in combat in Korea should be reflected on his DD Form 214 has been noted and found to lack merit.  While the applicant did receive awards reflecting that he served in Korea during the Korean War, there were no provisions at the time to enter the theater and period of service in a hostile fire zone on the DD Form 214.  Additionally, there is insufficient evidence to ascertain what period he actually served in Korea.  Therefore, since his DD Form 214 was prepared in accordance with the regulation in effect at the time, there is no basis to grant the applicant's request to have his time spent in Korea added to his DD Form 214.  

5.  However, the applicant's DD Form 214 does reflect that he was awarded the Combat Infantryman Badge.  Combined with his Korea Service Medal with six bronze service stars confirms that he did serve in combat in Korea.

6.  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 the applicant in service to the United States during the Korean War.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _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)                                         AR20080017966



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ABCMR Record of Proceedings (cont)                                         AR20080017966



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