IN THE CASE OF:
BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100009898
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 he is ill and the PH does not appear on his DD Form 214 (Report of Separation from the Armed Forces of the United States). Therefore, he is prohibited from receiving some veteran's benefits.
3. The applicant provides 17 pages of medical documents, 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 applicants military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicants records were lost or destroyed in that fire. This case is being considered using reconstructed medical records maintained at the NPRC.
3. The applicants available records show he enlisted in the Regular Army for a period of 3 years on 3 October 1951.
4. His records also show he served in Korea for 1 year, 6 months and 26 days.
5. He was honorably released from active duty on 2 October 1954.
6. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Korean Service Medal with four bronze service stars, the United Nations Service Medal (ROK), the Presidential Unit Citation and the National Defense Service Medal.
7. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."
8. His available records do not contain orders awarding him the Purple Heart and his name is not shown in the Korean Casualty File.
9. On 15 January 2010, the applicant submitted, as evidence in support of his application, 17 pages of his medical records. The medical documents indicate the applicant fractured his wrist in Korea when a truck ran into the jeep the applicant was driving.
10. Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations. This regulation provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy-placed mine or trap; injury caused by enemy-released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy-generated explosions.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions and the evidence submitted with his application were carefully considered. However, by regulation, in order to be awarded the PH, substantiating evidence must be presented to show the Soldier was wounded as 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.
2. The applicant's military record is void of any orders or other documents that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty.
3. In regard to the medical documents submitted by the applicant in support of his application, none of the documents show that the injury he received was as a result of hostile action.
4. The applicant's service in Korea and his sincerity are noted. However, there is no evidence in his records that shows he was wounded or injured as a result of hostile action or treated for such wounds or that his treatment was made a matter of official record. In the absence of orders or documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
5. The ABCMR does not grant relief solely for the purpose of establishing eligibility for veteran's benefits.
6. Regrettably, 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:
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.
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