IN THE CASE OF:
BOARD DATE: 1 JULY 2010
DOCKET NUMBER: AR20100000268
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 to be awarded the Purple Heart.
2. The applicant states he was injured in service during combat operations in Korea. He contends that in September 1952, his unit took incoming artillery/
mortar fire while in the Sata-Ri Valley. He shattered his left foot after impact and was evacuated for treatment.
3. The applicant provides a DD Form 214 (Report of Separation from the Armed Forces of the United States), pictures of what appear to be military sites, Adjutant General's Office (AGO) Massachusetts (Mass) Form 51 (title unknown) and an
8-page personal narrative in support of this application.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. The Veterans of Foreign Wars, as the applicant's counsel, requests the applicant be awarded the Purple Heart.
2. Counsel states the applicant was assigned to Company H, 27th Infantry, 25th Division. On or about September 1952, he was in the Sandbag Castle near the Sata-Ri Valley in Korea when his unit received incoming mortar fire. He was thrown back and the resulting force broke his left foot. He was evacuated for treatment.
3. Counsel provides no additional evidence in support of the applicant's 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 for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 21 August 1951. It further shows he completed 11 months and 26 days of foreign and/or sea service and that he was released from active duty on 28 April 1953 after completing 1 year, 8 months, and 8 days of active military service.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the United Nations Service Medal, the Korean Service Medal with two bronze service stars, two overseas service bars, and the Combat Infantryman Badge. Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "None."
5. The applicant's available records are void of orders or any other documentation that shows he was awarded the Purple Heart or that he was wounded as a result of hostile action. His name is not listed on the Korean Casualty List.
6. The applicant provides an AGO Mass Form 51 that shows military service information already listed on his DD Form 214 and an 8-page personal narrative which essentially describes certain events that took place during his military service.
7. Army Regulation 600-8-22 (Military Awards) provides 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is entitled to award of the Purple Heart based on injuries received during combat operations in Korea.
2. There are no general orders that show the applicant was awarded the Purple Heart. There is no evidence in his available records that shows he was ever wounded or injured as a result of hostile action. There is no evidence of record to show he was treated for such wounds or injuries and the applicant has not provided any substantiating evidence to support his claim.
3. While the applicant's sincerity is not in doubt, in the absence of substantiating evidence showing he was wounded as a result of hostile action, the documents provided by the applicant are insufficient evidence on which to base awarding him the Purple Heart at this time.
4. Based on the foregoing, there is no basis to grant the applicant's request.
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) AR20100000268
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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