IN THE CASE OF:
BOARD DATE: 1 June 2010
DOCKET NUMBER: AR20090019333
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 the Korean Service Medal with two bronze service stars but never received the Purple Heart for shrapnel he received in his lower right back during the Korean War.
3. The applicant submitted a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 8 pages of newspaper articles, and page 5 and 6 of an undated Department of Veterans Affairs (DVA) decision letter from the VA.
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 to the ABCMR 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 are sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 13 February 1951.
4. On 13 November 1952, the applicant was honorably released from active duty after completing a total of 1 year, 9 months, and 1 day of active military service. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Combat Infantryman Badge, Korean Service Medal with two bronze service stars, and the United Nations Service Medal.
5. Item 29 (Wounds Received As a Result of Action with Enemy Forces) show the entry "NA [not applicable]."
6. The applicants name is not listed on the Korean War Casualty File.
7. The applicant submitted two pages of an undated DVA decision letter which stated that his military history includes a report of him sustaining a shrapnel scar while carrying ammunition to Soldiers. There were no service medical records available to the Board or provided by the applicant for review.
8. The applicant submitted 8 pages of newspaper articles from the Tribune dated 12 March 2001, titled "The Day Our Boys Left for Korea," that talks about his experience in Korea.
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 evidence of record does not show and the applicant has not provided any corroborating evidence that shows he was wounded or injured as a result of hostile action, or that he was treated for such wounds. The applicant's name is not listed on the Korean Casualty Roster.
2. While the applicant submitted two pages of his DVA rating decision that indicates his military history includes a report of sustaining a shrapnel scar to his lower back and eight pages of newspaper articles, these documents are not sufficient as corroborating evidence. Regrettably, there is no basis for granting the applicant's request for 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) AR20090019333
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110001028
The applicant, on behalf of her deceased spouse, a former service member (FSM)), requests award of the Purple Heart and correction of his DD form 214 (Report of Separation from the Armed Forces of the United States) to show he was awarded the Purple Heart. The FSM's military record is not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart for wounds...
ARMY | BCMR | CY2002 | 2002073577C070403
There is no evidence in the available records which shows the applicant was not paid during his service in Korea. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of...
ARMY | BCMR | CY2009 | 20090004230
Application for correction of military records (with supporting documents provided, if any). The applicant states that the Purple Heart is not listed on his military discharge even though his medical records show he was wounded by the enemy in combat. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received as a result of enemy action on 25 October 1951; b. adding to...
ARMY | BCMR | CY2010 | 20100026279
The applicants military records are not available to the Board for review. The applicant's records are not available. Unfortunately, orders awarding the Purple Heart are not available; medical records confirming treatment for combat-related wounds are not available; the applicant's name does not appear on the Korean War Casualty Roster.
ARMY | BCMR | CY2012 | 20120006927
During the initial review of the applicant's case the Board determined there was insufficient evidence to confirm the applicant was entitled to award of the Purple Heart. The applicant provides a self-authored statement and a newspaper clipping indicating he received some shrapnel wounds in the leg and face as well as a VA Rating Decision which shows he received service connection for a post shrapnel injury to his right forearm. Army Regulation 600-8-22 (Military Awards) states the Purple...
ARMY | BCMR | CY2009 | 20090014607
Application for correction of military records (with supporting documents provided, if any). The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); a Department of Veterans Affairs (DVA) Statement in Support of Claim; a Board of Veterans' Appeals decision; a DVA Benefits Increased letter, dated 29 December 2008; and a letter, dated 20 October 2009, from a Member of Congress in support of his application. Regrettably, there is...
ARMY | BCMR | CY2008 | 20080008650
IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20080008650 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 29 (Wounds Received as a Result of Action with Enemy Forces), of the applicants DD Form 214, shows he received a gunshot wound to the left leg in Wonju, Korea, on 12 February 1951. He stated that his disabilities were the result of wounds received while in combat with the enemy in Korea.
ARMY | BCMR | CY2002 | 2002067754C070402
The available records do not show that he received any wounds in action nor is the Purple Heart listed as an authorized award. In addition to being present when the applicant was wounded, this witness says that he was also the company medic and that he personally provided first aid to the applicant. Therefore, it would be appropriate to award him the Purple Heart for this combat related injury and to show it on his separation document.
ARMY | BCMR | CY2009 | 20090008311
There is no evidence in the available records or the documents provided by the applicant which shows that he was either recommended for or awarded the Purple Heart. The applicant provides a photo of an object he states is a portion of the shell casing which was recovered at the platoon's campsite and given to him by his lieutenant. ABCMR Record of Proceedings (cont) AR20090008311 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2004 | 20040002865C070208
The applicant requests that his records be corrected to note that he was twice wounded in action during the Korean War. The applicant states that he was wounded in action in Korea on 3 September 1951 and again on 8 October 1951, but only the 8 October 1951 wounding is annotated in the records. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his...