IN THE CASE OF:
BOARD DATE: 8 October 2009
DOCKET NUMBER: AR20090008248
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 that he should be eligible for the Purple Heart based on his confirmed status as a prisoner of war (POW).
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 16 August 1952, in support of his request.
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.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army for a period of 3 years and entered active duty in Cincinnati, OH, on 19 June 1949. This form further shows that at the time of separation the applicant held military occupational specialty 4123 (Medical Technician) and that his most significant (i.e., his last) duty assignment was with the 9956th Troop Support Unit (TSU).
4. The applicants DD Form 214 further shows he completed 3 years, 2 months, and 2 days of creditable active military service, of which 1 year, 6 months, and 18 days was foreign service. He was honorably discharged on 16 August 1952 in the rank of corporal.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Combat Medical Badge, the Korean Service Medal with silver service star, and the United Nations Service Medal.
6. Item 29 (Wounds Received As a Result of Action with Enemy Forces) of the applicants DD Form 214 shows the entry "None."
7. The applicants reconstructed records do not contain orders awarding him the Purple Heart or the Combat Infantryman Badge.
8. The applicant's medical records are not available for review with this case.
9. The applicants name is not shown on the Korean Casualty File.
10. On 17 June 2005, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added awards of the National Defense Service Medal and the POW Medal. Additionally, his DD Form 214 was also corrected to show he was a POW while assigned to the 9th Infantry Regiment, 2nd Infantry Division, Korea, from 14 September 1950 to 19 September 1950.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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. For those who became Prisoners of War during World War II, the Korean War and before and after 25 April 1962, the Purple Heart will be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual to the Department of the U.S. Army of an affidavit that is supported by a statement from a witness, if this is possible.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Purple Heart based on his POW status.
2. There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his reconstructed records that show he was wounded or injured as a result of hostile action or treated for such wounds. Although the applicant may have been beaten by his captors and was possibly injured during captivity, regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, and that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding the Purple Heart to the applicant.
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) AR20090008248
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ABCMR Record of Proceedings (cont) AR20090008248
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