IN THE CASE OF:
BOARD DATE: 4 June 2009
DOCKET NUMBER: AR20090002278
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, that his DD Form 214 (Report of Separation) be corrected to show he was medically retired.
2. The applicant states, in effect, that his DD Form 214 should be corrected to show that he was separated due to a medical retirement because he was injured and received the Purple Heart.
3. The applicant provides a copy of his DD Form 214 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 applicants military records are not available 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 to include his medical records. However, the available evidence was sufficient to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on
12 November 1952. He was awarded military occupational specialty (MOS) 111.70 (Light Weapons Infantryman). The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.
4. On 15 November 1955, the applicant was released from active military service and transferred to the United States Army Reserve. The applicant completed
3 years of creditable active service.
5. Item 27 (Decorations Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he received the following awards: the Korean Service Medal with one bronze service star, the National Defense Service Medal, the United Nations Medal, the Republic of Korea Presidential Unit Citation, the Combat Infantryman Badge, and the Purple Heart.
6. Item 28 (Wounds Received as a Result of Action With Enemy Forces) of the applicant's DD Form 214 shows the applicant received mortar and fragment wounds to his buttocks and left heel while assigned to the Republic of Korea on
8 July 1953.
7. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides that the medical treatment facility commander with the primary care responsibility will evaluate those referred to him and will, if it appears as though the member is not medically qualified to perform duty or fails to meet retention criteria, refer the member to a Medical Evaluation Board (MEB). Those members who do not meet medical retention standards will be referred to a Physical Evaluation Board (PEB) for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to show that he was medically retired was carefully considered.
2. An award of a Purple Heart does not establish entitlement to medical retirement or separation. There is no evidence available and the applicant has not submitted any evidence that shows he had a medical condition which would have warranted physical disability processing or that rendered him unable to perform his duties. It is noted that he continued to serve in the Army for more than one year after he was wounded. Therefore, no basis has been established for granting the applicants request.
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.
___________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) AR20090002278
2
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