IN THE CASE OF:	  

		BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090014014 


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, award of the Purple Heart and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he feels that he is due the Purple Heart because he performed many patrols in the DMZ (demilitarized zone) in Korea. He served with 2nd Battalion, 31st Infantry, 7thDivision in Korea in 1967 and his unit was always on the DMZ running patrols and it was a hostile fire zone in those days.  He got hurt in the DMZ area in May 1967.  When he was getting ready to go up to the "zone," he went down on his knee and it shifted in two places.  He had to have two operations on his leg and he was hospitalized for over 4 months in 1967.  He feels that he deserved this award and he would not put in a request for something that he did not feel he should have.

3.  The applicant provides no additional documentation in support of 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 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 show he enlisted in the Regular Army (RA) in the rank/grade of private (PV1)/E-1 on 26 September 1966, for 3 years.  He completed training and he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  He served in Korea from 17 February 1967 to
20 October 1967 with Company B, 2nd Battalion, 31st Infantry, 7th Infantry Division.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record), Item 38 (Record of Assignment), shows he was in a patient status from 23 October 1967 to 1 February 1968.  His records do not show the reason for his patient status.

4.  There is no entry in Item 40 (Wounds) of the applicant’s DA Form 20 showing he was wounded in action as a result of hostile enemy action.  Item 41 (Awards and Decorations) of his DA Form 20 also contains no entry showing he was awarded the Purple Heart.

5.  There are no orders in the applicant's military personnel records awarding him the Purple Heart.

6.  The applicant was honorably released from active duty on 5 December 1969 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete is Reserve obligation.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.

8.  The applicant was issued a DD Form 215 (Correction to DD Form 214, Report of Separation from Active Duty), dated 28 March 1979, correcting several items on his 1969 DD Form 214, to include his date of entry on active duty.

9.  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's claim of entitlement to the Purple Heart was carefully considered.  However, by regulation, in order to support award of the Purple Heart, there must be evidence confirming that he was injured as a direct result of or was caused by enemy action, that he was treated by medical personnel for his injury, and a record of this treatment made a matter of official record.

2.  The applicant’s contention have been noted; however, he has provided no evidence to show that he was injured or wounded as a result of hostile action.  His records contains no orders or other documents confirming he was injured as a result of his participation in direct or indirect combat operations while serving in Korea.  The evidence also does not show he was ever recommended for or awarded the Purple Heart by proper authority.  Therefore, absent corroborating evidence confirming the applicant's contentions (chain of command supporting letters, etc.), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  Based on the evidence in this case, the applicant is not entitled to award of the Purple Heart and its addition to his DD Form 214.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20090014014



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ABCMR Record of Proceedings (cont)                                         AR20090014014



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