IN THE CASE OF:
BOARD DATE: 09 March 2010
DOCKET NUMBER: AR20090016678
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, in effect, he was never written-up for the award. He states that in 1951 while fighting in the Korean War, he was shot in his left knee. He maintains that he and five other Soldiers were taken to the aid station, but due to the overcrowdedness of the aid station, their wounds were cleaned and bandaged and they were sent back to the front line. He states the only evidence that he has is a scar from the combat experience that occurred in June 1953.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States)
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 applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on
22 January 1949. On 23 June 1952, he was honorably discharged after completing 3 years, 4 months, and 3 days of active service. He was awarded the Army of Occupation Medal (Japan), Bronze Star Medal, Korean Service Medal with three bronze service stars, the United Nations Service Medal, and one overseas service bar.
4. The applicants DD Form 214, item 29 (Wounds Received As A Result Of Action With Enemy Forces), contains the word None.
5. The available evidence does not show the applicant sustained wounds or was treated for wounds incurred as a result of hostile action. Additionally, the applicants name is not listed on the Korean Casualty List.
6. 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There is no medical evidence available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in the Korean War. Additionally, the applicant's name is not listed on the Korean Casualty List. Regrettably, in the absence of such evidence there is no basis for granting the applicants request for award of 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) AR20090016678
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ABCMR Record of Proceedings (cont) AR20090016678
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