IN THE CASE OF:
BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20090013566
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 he received medical treatment for wounds at a U.S. Air Force Hospital in Kempo, the Republic of Korea.
3. The applicant did not provide any supporting documents with his 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 applicant enlisted in the Regular Army on 6 November 1952 for a 3-year period of service. He completed basic and advanced individual training and was awarded military occupational specialty 161.10 (Anti-Aircraft Artillery Automatic Weapons Crewman).
3. Upon the conclusion of his term of active service on 4 November 1955, the applicant was released from active duty and transferred to the United States Army Reserve. He received an honorable characterization of service and was issued a DD Form 214 (Report of Separation from the Armed Forces of the United States) that shows he completed 1 year, 5 months and 3 days of foreign and/or sea service.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the Purple Heart. Item 27 does show the applicant was awarded the Good Conduct Medal, National Defense Service Medal, United Nations Service Medal and Korean Service Medal with two bronze service stars.
5. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows "none." Additionally, the applicants name is not listed on the electronic Korean Casualty File.
6. A review of the applicant's available military medical records does not show he was wounded in combat. His records do show he received medical treatment for atypical pneumonia at the 67th Medical Group, Army Postal Office 970.
7. Army Regulation 600-45 (Decorations) provides for award of the Purple Heart. This award is presented to any member of the Armed Forces or civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed services was wounded, killed, or who died because of the wound(s) incurred during hostile action. To award the Purple Heart, three criteria must be met: substantiating evidence must verify the wound was the result of hostile action, the wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There is no available medical evidence to show the applicant received medical treatment for wounds incurred as a direct result of hostile force actions. Records do show he received inpatient medical treatment for atypical pneumonia. Therefore, in the absence of substantiating medical evidence, there is insufficient evidence upon which to base award of the Purple Heart.
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.
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