BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090010429
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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was awarded the Purple Heart.
2. The applicant states that he was wounded during his tour of duty in Korea and that he never received the orders awarding him the Purple Heart. He states that he served in an artillery battalion of the 7th Division during his tour of duty and that he realized that his Purple Heart was not annotated on his DD Form 214 when he attempted to get veterans' benefits. He states that he has shrapnel in his leg and arm on the right side of his body.
3. The applicant provides a copy of his DD Form 214.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's 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 applicant's records were lost or destroyed in that fire. This case is being considered using the applicant's DD Form 214.
3. The applicant was a member of the Illinois Army National Guard (ILARNG) when he was called to active duty on 15 February 1952 in Canton, Illinois.
4. After completing 1 year, 7 months, and 1 day of net service for pay purposes during this period, the applicant was honorably released from active duty (REFRAD) on 15 September 1953 at the expiration of his term of service and transferred to the ILARNG to complete his service obligation.
5. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Korean Service Medal with one bronze service star, the United Nations Service Medal, the National Defense Service Medal, and one overseas service bar. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 reads "none."
6. A review of the Korean Casualty File fails to show that the applicant was ever reported as a battle casualty while he was in Korea.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be amended to include award of the Purple Heart.
2. His contentions have been noted. However, there is no evidence in the available record, nor has the applicant submitted any evidence to show that he was awarded the Purple Heart.
3. The available evidence fails to show that the applicant was ever reported as a battle casualty while he was in Korea and his DD Form 214 does not reflect any wounds received as a result of action with enemy forces. There is simply no evidence available to support his contention that he was awarded the Purple Heart; therefore, it cannot be included on his DD Form 214 at this time.
4. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's 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) AR20090010429
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