IN THE CASE OF:
BOARD DATE: 17 June 2010
DOCKET NUMBER: AR20090021000
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 was wounded in the eyes by a bomb shell.
3. The applicant provides a service medical record 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 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 applicant was inducted into the Army of the United States on
14 September 1950. He served as an infantryman in Korea from 10 February 1951 to 17 November 1951 and he was honorably released from active duty on 19 June 1952.
3. The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry "NONE."
4. There are no orders for the Purple Heart in the available records.
5. The applicant's name does not appear on the Korean Casualty Roster.
6. Section 8 (Wounds Received Through Enemy Action) on the applicant's service record is blank.
7. In support of his claim, the applicant provided an undated service medical record which states his eyes were affected by a bomb explosion in April 1951. However, there is no evidence of record which shows this explosion was the result of hostile action. This record contains the entry "Consultation requested for evaluation of condition of eyes but not accomplished. It also contains the entry "Affidavit accomplished by examinee refusing further medical evaluation and/or hospitalization. Physical profile cannot be accomplished due to incomplete medical evaluation."
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 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 requests award of the Purple Heart because he was wounded in the eyes by a bomb shell.
2. There are no orders for the Purple Heart in the available records. There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Korea. In the absence of orders, the service medical record provided by the applicant is not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence in which to award 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) AR20090021000
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ABCMR Record of Proceedings (cont) AR20090021000
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