IN THE CASE OF:	  

		BOARD DATE:	       10 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018439 


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 his award of the Purple Heart be added to his records.

2.  The applicant states, in effect, that he was wounded in Korea in September 1952 and was awarded the Purple Heart in October 1952.  However, his records were lost.  He goes on to state that he did not realize it until he was separating and signed a waiver deferring the opportunity to apply for compensation from the Veterans Administration (VA) [now known as the Department of Veterans Affairs] because he wanted to get home for a wedding.  He goes on to state that he wants his awards reflected in his records to leave to his grandchild and in the event of future medical needs.

3.  The applicant provides a copy of a VA Form 8-526 dated 25 September 1952; a copy of a DA Form 1140, dated 30 October 1954; and a copy of page 1 of an Enlisted Reserve Corps Qualification and Availability Questionnaire.

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 (NPRC) 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 was inducted at Providence, Rhode Island on 24 November 1950.  He completed his training as a light weapons infantryman and was transferred to Korea.  He served with the 9th Infantry Regiment, 2nd Infantry Division.  However, it cannot be determined with any degree of certainty the exact period he served with that unit. 

4.  He was promoted to the rank of sergeant on 18 June 1952 and on
27 September 1952, he was honorably released from active duty at Fort Devens, Massachusetts and transferred to the Enlisted Reserve Corps.  He had served
1 year, 10 months, and 4 days of total active service of which 11 months and
22 days were spent overseas.

5.  His report of separation (DD Form 214) issued at the time of his discharge shows that he was awarded the Korea Service Medal with two bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge.  In block 29, under "Wounds Received as a Result of Action with Enemy Forces" is the entry "NONE."  The applicant authenticated that form with his signature.

6.  A review of the Korean Casualty Listing fails to show that the applicant was ever reported as a casualty.

7.  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.



8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.  Award certificates, 
citations, or separation certificates alone will not be the basis for entry of a decoration.  

9.  Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's contention that he was awarded the Purple Heart is not in doubt, there is no evidence in the available records to support his contention.

2.  In order to be awarded the Purple Heart, an individual must be wounded as a result of enemy action, the wound must have required treatment by medical personnel, and the treatment for such wounds must be made a matter of record.  Unfortunately, the applicant's records were destroyed in the 1973 fire at the NPRC and the absence of his records coupled with the passage of time (56 years) makes it difficult at best to determine what happened in his case.

3.  Therefore, in the absence of orders to show that he was awarded the Purple Heart as he contends, there appears to be no basis to add that award to his records at this time.

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.

ABCMR Record of Proceedings (cont)                                         AR20080018439



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ABCMR Record of Proceedings (cont)                                         AR20080018439



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