IN THE CASE OF:
BOARD DATE: 15 July 2010
DOCKET NUMBER: AR20100000284
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 burn wounds inflicted by the enemy during the Korean War.
3. The applicant provides:
* A copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* A copy of a "Register of Dental Patients" showing he had his teeth cleaned
* Copies of two Standard Forms (SF) documenting treatment for first and second degree burns to his forehead, nose, right side of face, and right hand
CONSIDERATION OF EVIDENCE:
1. The applicants 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 applicants records were lost or destroyed in that fire. However, the Board to conduct a fair and impartial review of this case using available records provided by the applicant.
2. The applicant enlisted in the Regular Army for 3 years on 23 February 1951. He served a total of 3 years and 4 days before being honorably discharged on 27 February 1954.
3. The available records show the applicant served in Korea for 11 months and 20 days during the Korean War. Although he was an engineer, he served as an infantryman with Company F, 17th Infantry Regiment, 7th Infantry Division.
4. The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Korean Service Medal with 3 bronze service stars, United Nations Service Medal, and the Combat Infantryman Badge. His DD Form 214 contains a Block 29 (Wounds Received as a Result of Action with Enemy Forces); this block contains the entry "NA" for "Not Applicable."
5. During the processing of this case, a member for the Board staff reviewed the records of the Korean Casualty File, which is an index of casualties during the Korean War. This review failed to reveal evidence the applicant was wounded.
6. The documents provided by the applicant show he was treated for first and second degree burns received in late March/early April 1953. However, those records fail to prove how he received such burns.
7. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is insufficient evidence to recommend approval of the applicant's request for award of the Purple Heart.
2. The applicant provided documents showing he received burns, but no information stating how he received those burns. Without orders awarding the Purple Heart, or an entry on the Korean Casualty List, or a notation in medical records describing how the burns were received at the hands of the enemy, it is not possible to recommend approval.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ____x____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20100000284
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ABCMR Record of Proceedings (cont) AR20100000284
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