IN THE CASE OF:
BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090010881
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 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 he sustained a shrapnel injury to his left leg from artillery fire and that the Purple Heart was not placed on his DD Form 214.
3. The applicant provides a self authored statement, dated 23 June 2009; a Department of Veterans Affairs (VA) Form 21-4142 (Authorization and Consent to Release Information to the VA); a VA Statement in Support of Claim; medical documentation from the Hospital San Pablo, pertaining to his heart; a group photograph; a copy of his DD Form 214 and Honorable Discharge Certificate; and a VA Statement of Medical Care Cost Recovery Account Activity.
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. On 2 December 1948, the applicant enlisted in the Regular Army in New York, New York, for 3 years, in the rank of recruit. He successfully completed his training as a light vehicle driver and he was promoted through the ranks to corporal.
3. The applicant was honorably discharged on 28 May 1952, under the provisions of Army Regulation 615-360 and Department of the Army Messages DA 312757, dated 17 March 1952; and DA 323447, dated 24 April 1952, at the expiration of his term of service.
4. The DD Form 214 the applicant was furnished at the time of his discharge shows he was awarded the Army of Occupation Medal with Japan Clasp, the Korean Service Medal with three bronze service stars and the Medical Badge. His DD Form 214 also shows he received no wounds as a result of action with enemy forces.
5. A review of the available records does not show that orders were ever published awarding him the Purple Heart or that he was ever wounded in action. Information from the Hospital Admission Cards created by the Office of The Surgeon General was reviewed and there is no evidence of the applicant being wounded/injured as a result of hostile action while he was in Korea.
6. The Korean Casualty File does not list the applicant's name as one who was injured /wounded in action while in Korea.
7. The applicant submitted medical records from the Hospital San Pablo, San Pablo Institute of Cardiology, dated between 2005 and 2008, which contains information and descriptions of the condition of his heart.
8. 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 by medical personnel, 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 corrected to show he was awarded the Purple Heart.
2. The applicant's contentions were considered. However, they are not substantiated by the evidence of record.
3. There is no evidence in the available record, nor has the applicant submitted any evidence, to support his contention that he was wounded by shrapnel in the left leg while he was in Korea and that the wound was the result of hostile action.
4. A review of the Korean Casualty File does not list the applicant's name as being wounded in action and information contained from Hospital Admission Cards created by the Office of The Surgeon General do not contain evidence of the applicant being wounded/injured as a result of hostile action while he was in Korea. Therefore, it would not be appropriate to correct his records to show he was awarded the Purple Heart.
5. Regrettably, 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) AR20090010881
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090010881
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110016278
He provided Progress Notes, dated 28 November 2005 and 1 August 2007, from a VA physician which stated: a. the applicant was known to have old shrapnel wounds and he had some fragments of shrapnel in his body. However, this statement alone is insufficient as a basis to grant him award of the Purple Heart in this case. In the absence of evidence to show he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2006 | 20060010170C070205
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart. The applicant’s military records are not available to the Board for review. The medical evidence of record which shows the applicant was diagnosed with frostbite on 22 December 1950 in Korea and wounded as a result of hostile action on 24 April 1951 and on 26 June 1951 in Korea are accepted as sufficient evidence on which to base three...
ARMY | BCMR | CY2014 | 20140019473
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show: * he was wounded in the summer of 1952 (in Korea) and subsequent award of the Purple Heart * he received $40 combat pay per month for 18 months * he was overseas for 2 years and 22 days 2. The applicant's complete military records are not available to the Board for review. c. In the applicant's case, the only available medical documents consist of information...
ARMY | BCMR | CY2011 | 20110001028
The applicant, on behalf of her deceased spouse, a former service member (FSM)), requests award of the Purple Heart and correction of his DD form 214 (Report of Separation from the Armed Forces of the United States) to show he was awarded the Purple Heart. The FSM's military record is not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart for wounds...
ARMY | BCMR | CY2010 | 20100025814
He provides: * Military Personnel Records Center (MPRC) Form 1-598 (Extract from Miscellaneous Records Concerning Medical Treatment) * DD Form 214 (Report of Separation from the Armed Forces of the United States) * National Archives and Records Administration Form 13038 (Certification of Military Service) * DD Form 47 (Record of Induction) * DA Form 20 (Qualification Record Enlisted Personnel) * DD Form 230 (Service Record) * DA Form 481 (Military Leave Record) * memorandum *...
ARMY | BCMR | CY2011 | 20110022949
The applicant states: * the records do not note that there was a big explosion while burning the trash and his fingertips were blown off, they were not amputated * the company commander stated the explosion was a result of a booby trap * he was told at the time that although he was in the hospital, the Army would award him the medal * he has seen many Soldiers honored with the Purple Heart over the years while he is still waiting for his 3. The applicant's DD Form 214 (Report of Separation...
ARMY | BCMR | CY2002 | 2002073577C070403
There is no evidence in the available records which shows the applicant was not paid during his service in Korea. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of...
ARMY | BCMR | CY2008 | 20080012419
Counsel requests the applicant be awarded the Purple Heart for injuries sustained as a result of enemy action when a North Korean grenade exploded and shrapnel was lodged in the applicant's head. There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records that shows that he was wounded or injured as a result of hostile action or treated for such wounds. c. There are no medical records to show the applicant was...
ARMY | BCMR | CY2002 | 2002075183C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or treated for wounds...
ARMY | BCMR | CY2005 | 20050002560C070206
This unit award is not shown on the applicant's DD Form 214. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to have it added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Meritorious Unit Emblem (MUE) and the Presidential Unit Emblem (Republic of Korea) [PUE(ROK)] from the...