IN THE CASE OF:	  

		BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100010716 


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 and correction of his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the award.

2.  The applicant states he was hit in the wrist with white phosphorous while serving in Korea on or about December 1950.

3.  The applicant provides the following:

* A copy of his retirement DD Form 214
* Two self-authored statements
* Copies of two printed pages
* A copy of Department of the Army (DA) Orders F-11-015285

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 DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he enlisted in the Regular Army on 10 July 1948.  This form also shows, at the time of separation, he held military occupational specialty (MOS) 1812 (Heavy Weapons Infantryman).  

3.  His records show he served in Korea from 26 October 1948 to 24 August 1951 while assigned to the 31st Infantry Regiment, 7th Infantry Division.

4.  He served through multiple extensions or reenlistments in MOS 11G (Infantry Senior Sergeant) and attained the rank/grade of master sergeant (MSG)/E-8.

5.  He was honorably retired on 31 August 1968 and he was placed on the retired list in his retired rank/grade of MSG/E-8 on 1 September 1969.

6.  His retirement DD Form 214 does not show award of the Purple Heart.

7.  There are no orders in the available records which show he was awarded the Purple Heart.  

8.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

9.  There is no medical evidence in the available record which shows he sustained wounds, injuries, or frostbite as a result of hostile action or that he was treated for wounds, injuries, or frostbite sustained as a result of hostile action.

10.  The Korean Casualty List, a compilation of all casualties during the Korean War, does not list the applicant as a casualty.

11.  The applicant indicates in self-authored statements, dated 31 January 2005 and 19 October 2005, that while in Korea the vehicle he was riding in was hit by artillery or a land mine and he was thrown from the vehicle.  He was treated for frostbite, cuts, and bruises first at a first aid station and later aboard an evacuation ship for a back injury and frostbite.  
 
12.  He provides two printed pages describing the battle at the Chosin Reservoir and the cold endured by Soldiers in Korea during the winter of 1950.



13.  He also provides DA Orders F-11-015285, dated 16 November 1981, ordering him to active duty at Fort Myer, VA, upon declaration of full mobilization. 

14.  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, and the medical treatment must have been made a matter of official record.  

15.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” was defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertained to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart was carefully considered.  However, there is insufficient evidence to support this request. 
 
2.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify that the wound/injury was the result of hostile action, the wound/injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  

3.  The applicant's record shows he did serve in Korea between October 1948 and August 1951.  However, his record does not contain any evidence nor did he provide any evidence that indicates he sustained wounds or injuries as a result of hostile action, he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record.  Therefore, there is an insufficient basis for awarding the Purple Heart to the applicant.

4.  Nevertheless, 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.
 




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)                                         AR20100010716



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ABCMR Record of Proceedings (cont)                                         AR20100010716



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