IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100007848


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 (PH).

2.  The applicant states:

* in early 1951 he was stationed in Korea, near Kum Wa, about 15 miles from the 38th Parallel
* he was a tanker with the 14th Tank Company, 14th Infantry Regiment, 25th Infantry Division
* he received a shrapnel wound - shrapnel struck his left eye, scarred between his nose and eyes and forehead
* he was evacuated to the rear and a doctor with the 25th Infantry Division hospital treated him, then left him on a table for 2 hours in zero degree temperatures
* he got up and returned to his unit

3.  The applicant also states:

* he has no proof he was wounded
* some of his comrades-in-arms know about the incident
* a Department of Veterans Affairs (DVA) hospital in Augusta, GA found a hole in his left eye in 2009
* if someone thinks he is undeserving of the PH, they can have the rest of his medals back


4.  The applicant provides a self-authored statement, dated 3 January 2010.

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 were partially burned in a fire that destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant was born on 1 March 1930.  He was inducted into the Army of the United States (AUS) on 13 February 1951.  On his Standard Form (SF) 89 (Report of Medical History) pre-induction physical examination, he noted treatment for a wound to his nose in 1950.

4.  The applicant's WD AGO Form 24A (Service Record) is intact.  Section 6 (Original Assignment and Organizations to which Subsequently Assigned During this Period of Service) shows the following assignment history:

* 19510214-19510222		8th Infantry Division, Fort Jackson, SC
* 19510223-19510405		Company C, 141st Tank Battalion, Fort 
   Campbell, KY
* 19510406-19510807		Headquarters & Service Company, 141st Tank 
   Battalion, Fort Campbell
* 19510808-19510813		6214 Army Service Unit Replacement 
   Battalion, Camp Stoneman, CA
* 19510814-19510831		Japan Replacement Center, APO 613, 
   Yokohama, Japan
* 19510901-19520601		Tank Company, 14th Infantry Regiment, Korea


* 19520602-19520704		Sasebo Replacement Depot 8066 Army Unit, 
   Japan
* 19520705-19520811		3431 Army Service Unit, Reserve Command, 
   Fort Jackson
* 19520812-19521106		Company A, 773rd Tank Battalion, Fort 
   Benning, GA
* 19521107-19521112		Separation Point, Fort Benning

5.  Section 7 (Combat Record) shows he served in Korea from 1 September 1951 through 1 June 1952, a period of 9 months and 1 day.  During this period he participated in the following two campaigns:

* UN Summer-Fall Offensive (9 July - 27 November 1951)
* Second Korean Winter (28 November 1951 - 30 April 1952)

6.  Section 8 (Wounds Received Through Enemy Action) is blank.

7.  Section 21 (Medals, Decorations, and Citations) shows he was awarded the:

* Korean Service Medal with 2 bronze service stars
* United Nations Service Medal
* One Overseas Service Bar

8.  The applicant was honorably released from active duty on 12 November 1952 under the provisions of Special Regulation 615-363, chapter 5.  He was transferred to the Enlisted Reserve Corps (ERC) to complete his remaining Reserve obligation.

9.  On 26 February 1954, the applicant underwent a physical examination for the purpose of entering active duty.  The examination revealed the following:

* he stated his health was "good"
* he denied eye trouble
* he denied ever having been treated by medical staff
* his physical examination was unremarkable

10.  On 10 March 1954, the applicant was ordered to active duty with a reporting date of 19 March 1954.  He was called to active duty for 24 consecutive months.  On 18 November 1954, he was discharged from the U.S. Army Reserve (USAR) and on 19 November 1954 he enlisted in the Regular Army for a period of


3 years.  On 15 November 1957, he was honorably released from active duty by reason of expiration of term of service (ETS).  He was transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.

11.  There are no orders in the applicant's records awarding him the PH.  The applicant's name does not appear on the Korean War Casualty File as having ever been wounded.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH 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 required medical treatment; and the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the PH.

2.  Although the applicant's records were damaged in the NPRC fire in 1973, most of the documents were salvaged and reproduced.  His WD AGO Form 24A is complete and shows he was never wounded and never awarded the PH.  Medical examination records show he had a scar on his nose when he was inducted in 1951 and in February 1954 he denied ever having been treated by medical staff.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100007848



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ABCMR Record of Proceedings (cont)                                         AR20100007848



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