BOARD DATE:	  2 February 2010

		DOCKET NUMBER:  AR20090015299 


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 award of the Purple Heart.

2.  The applicant states he was wounded in 1951 but was never awarded the Purple Heart.  He thinks he stayed at a hospital in Inchon at the time.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 15 October 1951, and a copy of an undated newspaper article 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 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.  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, dated 27 September 1949, shows he enlisted in the Army of the United States in Flint, MI, and entered active duty on 27 September 1948.  He held military occupational specialty (MOS) 3844 (Field Artillery Cannoneer) and was honorably separated and transferred to the Enlisted Reserve Corps on 27 September 1949.

4.  The applicant's DD Form 214, dated 15 October 1951, shows he was called to active duty from the ERC on 23 October 1950.  This form also shows that at the time of his separation he held MOS 3844 and that his most significant duty assignment (i.e., his last duty assignment) was with Battery B, 555th Field Artillery Battalion.

5.  The applicant's DD Form 214 further shows that he completed 11 months and 23 days of creditable active military service during this period, of which 10 months and 3 days was foreign service.  He was honorably released from active duty on 15 October 1951 and reassigned to the ERC to complete his remaining Reserve obligation.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Korean Service Medal with three bronze service stars.  Item 27 does not show award of the Purple Heart.

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows the entry "None." 

8.  The applicant's reconstructed records do not contain orders awarding him the Purple Heart.

9.  The applicant's available medical records show he underwent a medical examination on 13 October 1951 that shows he had a mild acute otitis of the right ear and an appendectomy; however, it does not reflect any injuries and/or treatment for injuries.

10.  The applicant's name is not shown in the Korean Casualty File.

11.  The applicant submitted a copy of an undated newspaper article that shows he sent a letter to his parents informing them that he had been wounded in action in Korea.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Purple Heart and the evidence he submitted was carefully considered.  However, there is insufficient evidence to grant him the Purple Heart in this case.

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for the award.

3.  There is no evidence in his reconstructed records that shows the applicant was wounded or injured as a result of hostile action or treated for such wounds or that his treatment was made a matter of official record.  The undated newspaper article is insufficient to support an award of the Purple Heart in this case.

4.  In the absence of orders or documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, regrettably, 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.

ABCMR Record of Proceedings (cont)                                         AR20090015299



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015299



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1