IN THE CASE OF:
BOARD DATE: 10 MARCH 2009
DOCKET NUMBER: AR20080019228
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, in effect, award of the Purple Heart.
2. The applicant states that while serving in Korea he was shot in the left leg and head. He contends that no doctors were available in the area, that he was treated by medical personnel only, and that no records were kept at the time.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 applicant enlisted on 16 June 1950 for a period of 3 years. He served in Korea from 26 March 1951 to 18 March 1952 and was honorably discharged on 15 June 1953.
3. The applicant's DD Form 214 does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry, "None."
4. There are no orders for the Purple Heart in the available records.
5. Section 8 (Wounds Received through Enemy Action) of the applicants WD AGO Form 24A (Service Record) is blank.
6. On 13 June 1953, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Korea. Items 18 (Head, Face, Neck, and Scalp) and 37 (Lower Extremities) of his Standard Form 88 (Report of Medical Examination), dated 13 June 1953, show he was rated normal.
7. The applicants name does not appear on the Korean War Casualty Roster.
8. 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.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record which shows that the applicant was wounded or treated for any injuries as a result of hostile action in Korea. Regrettably, there is insufficient evidence to support award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
_________________________
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) AR20080019228
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ABCMR Record of Proceedings (cont) AR20080019228
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