IN THE CASE OF:
BOARD DATE: 23 JULY 2009
DOCKET NUMBER: AR20090002389
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 correction of his records to show award of the Purple Heart.
2. The applicant states, in effect, that he was awarded the Purple Heart while in the hospital in Korea and he would like his records updated to show he earned the award.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) with the period ending 12 August 1953 and a Certificate of Military Service, dated 9 November 1995.
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 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 applicants 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. In addition, the applicant's DD Form 214 and Hospital Admission Cards from the Office of The Surgeon General of the Army were available.
3. The applicant's DD Form 214 covers his service in Korea. Item
27 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons or Authorized) does not show award of the Purple Heart. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "NA."
4. The applicant's records contain information from Hospital Admission Cards created by the Office of The Surgeon General of the Army. This record showed the applicant was hospitalized for a non-combat burn received to the hand on
14 January 1953. The admission card further showed that the causative agent for the burn was "Accidents in connection with use of own instrumentalities of war: Explosion of other ammunition."
5. There is no evidence in the applicant's service records that show he was wounded or treated for wounds as a result of hostile action in Korea. His name is not listed on the Korean War Casualty File.
6. 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, and the medical treatment must have been made a matter of official record. When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.
DISCUSSION AND CONCLUSIONS:
1. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action. In addition, the applicant's Hospital Admission Card clearly shows his hand injury was not a result of hostile action.
2. Regrettably, in the absence of military records which show the applicant was injured as a result of hostile action, there is an insufficient basis for award of the Purple Heart in this case.
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.
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