IN THE CASE OF:
BOARD DATE: 28 May 2009
DOCKET NUMBER: AR20080019875
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, in effect, he was unjustly refused the award when injured in 1950 during the Inchon invasion in Korea. The applicant continues that his unit supported the 1st Marine Division and one night they came under a heavy mortar and fire attack. He concludes that he was wounded and hospitalized but this information was not entered on his military records.
3. The applicant provides two self-authored statements; a DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 13 June 1952; a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 February 1969; a statement from his mother; a letter from a member of the United States Senate; a witness statement, dated 4 April 1962; a Standard Form 88 (Report of Medical Examination); a Standard Form 89 (Report of Medical History); and a DA Form 20 (Soldier's Qualification Record) in support of this application.
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 in the Army on 6 March 1946. He served in the Asiatic-Pacific Theater of Operations during the period from 6 August 1946 to 4 November 1948 and was separated on 23 November 1948. On 16 February 1949, the applicant enlisted for 3 years. He served in the Republic of Korea from 30 September 1950 to 1 January 1952 while assigned to the 515th Transportation Truck Company. The applicant continued to serve on active duty until his retirement on 28 February 1969.
3. Medical records show the applicant was admitted for medical treatment on
6 September 1951. Specifically, the applicant was treated for a fracture to his right hand which was incurred when his hand was accidentally slammed by a truck's tail gate.
4. Block 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 for the period ending 13 June 1952 shows the entry "None."
5. The applicant's name is not listed in the Korean Casualty Files.
6. The applicant provided a self-authored statement which states, in effect, he was denied the Purple Heart because of racial discrimination.
7. A second self-authored statement provided by the applicant states, in effect, that while transporting supplies, his unit came under a mortar attack and that he suffered injuries to his hand and arm. He was hospitalized but was told he was not eligible for the Purple Heart. This statement also includes a picture of an injured person. The applicant contends the picture was taken while he was at the U.S. Army Hospital in Osaka, Japan.
8. The applicant provided a statement from his mother, which states, in part, that she was contacted by the American Red Cross between 1950 and 1951 from the hospital where her son was being treated for an injury.
9. Army Regulation 600-8-22 (Military Awards) states 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:
1. The applicant's contention that he entitled to award of the Purple Heart has been carefully reviewed.
2. Unfortunately, there is no evidence of record available which corroborates the applicant's contention that he was wounded as a result of enemy action or that he was treated for such wounds. Regrettably, there is insufficient evidence that confirms the applicant met the eligibility criteria for award of the Purple Heart.
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 our
Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20080019875
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ABCMR Record of Proceedings (cont) AR20080019875
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