BOARD DATE:	  February 18, 2010

		DOCKET NUMBER:  AR20090016264


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 requested that his captain not recommend him for award of the Purple Heart because he did not want to upset his mother because she was not in the best of health at the time.

3.  The applicant provides a self-authored statement and his DD Form 214 (Report of Separation from the Armed Forces of the United States) 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 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 shows he was inducted into the Army of the United States on 22 January 1952.  He served in Korea, dates unknown.  His DD Form 214 shows 11 months and 9 days of foreign service.

4.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

5.  The applicant was honorably released from active duty on 23 October 1953.  His DD Form 214 shows the Combat Infantryman Badge, the United Nations Service Medal, the Korean Service Medal with three bronze service stars, and the National Defense Service Medal as authorized awards.

6.  The applicant's name is not listed on the Korean War Casualty Roster.  There is no evidence which indicates he sustained wounds as a result of hostile action.

7.  The applicant provided a self-authored statement in support of his claim.  He stated he was a sergeant in Company B, 15th Regiment, 3rd Division, in Korea in 1953.  He described the incident on the night Company B came under fire.  Enemy artillery hit a bunker hill and killed the "GI's" inside.  His company commander put him in charge of a detail to retrieve a body at the front end of the detail.  While in the front of the bunker, there was a terrific explosion which completely blew up the bunker.  After the explosion, he was unable to hear and he was covered by some of the bunker.  He alleged he was taken to the forward aid station.  He was informed that his ear drums were not busted, but that he had nerve damage.  His company commander told him he was going to recommend him for the Purple Heart.  He asked his company commander not to do this because his mother was not in the best of health and he did not want to worry her.  The applicant stated he went to the Veterans' Hospital in Iowa to have his ears examined.  He was informed that his ear was bleeding, his hearing loss was granted service connection at 30 percent, and he was granted a 10-percent disability rating for tinnitus.

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 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 states he requested that his captain not recommend him for award of the Purple Heart because he did not want to upset his mother.

2.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by medical personnel, and the treatment record must have been made a matter of official record.  However, there are no medical documents available which indicate the applicant was wounded as a result of hostile action and his name is not listed on the Korean War Casualty Roster.

3.  The applicant's self-authored statement was considered.  Regrettably, this evidence alone is not sufficient to meet the regulatory burden of proof necessary to support award of the Purple Heart in this case.

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)                                         AR20090009461



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ABCMR Record of Proceedings (cont)                                         AR20090016264



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