IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100010990
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 the following:
a. while performing as the sergeant of the guard with the 8125th Squad One, (a K-9 unit), and checking on the other guards on duty, one of the dogs got loose and attacked him wounding his left hand and left wrist;
b. although he was attacked, he and the other guards brought four North Korean Soldiers and two North Korean half-ton trucks into custody; and
c. after calling for help to transport the enemy and their vehicles, he received medical treatment for his wounds at a field hospital where he was told he would be awarded the PH.
3. The applicant provides a self-authored statement and a Veterans of Foreign Wars letter 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 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 record shows he entered active duty as a member of the National Guard of the United States on 7 December 1953. He was trained in and awarded military occupational specialty 082 (Dog Trainer). Sergeant is the highest rank he attained while serving on active duty.
3. The applicant's record is void of any orders or other documents that indicate he was ever awarded the PH by proper authority while serving on active duty. The record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the Republic of Korea.
4. On 3 December 1955, the applicant was honorably released from active duty.
The DD Form 214 (Report of Separation from the Armed Forces of the United States) issued upon the applicant's release shows he completed 1 year, 11 months, and 27 days of active military service.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows the applicant earned the National Defense Service Medal and the Army Good Conduct Medal. It does not show award of the PH and item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "None."
6. During the processing of this case, a member of the Board staff reviewed the Korean casualty roster. The applicant's name is not listed as a casualty.
7. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the PH for wounds he received to his left hand and wrist after being attacked by a dog while performing sergeant of the guard duties in Korea.
2. There are no general orders that show the applicant was awarded the Purple Heart. The applicant's name is not listed on the Korean War Casualty Roster.
3. Item 29 of the applicant's DA Form 214 contains the entry "None" which indicates he was not wounded in action. Further, the applicant's own statement indicates that his wounds were inflicted by one of the K-9 unit's dogs, and not as a result of enemy action.
4. In view of the above, the applicant's request should be denied.
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) AR20100010990
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100010990
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