BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100011565
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 correction of his records to show he was wounded in action (in effect award of the Purple Heart).
2. The applicant states he was shot in the arm by an unknown enemy and was also wounded in the pelvis by mortar fire.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), an audiological evaluation, and a third-party statement in support of this 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 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 (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered based on his DD Form 214.
3. His DD Form 214 shows he was inducted into the Army on 8 February 1951. It further shows he completed 11 months and 3 days of foreign and/or sea service and that he was honorably released from active duty on 7 November 1952 after completing 1 year and 9 months of active military service.
4. 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 two bronze service stars, the Combat Infantryman Badge, and the United Nations Service Medal. Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "None."
5. His available records are void of orders or any other documentation that shows he was awarded the Purple Heart or that he was wounded as a result of hostile action. His name is not listed on the Korean Casualty List.
6. He provides an audiological evaluation that indicates he has a history of hearing difficulties possibly as a result of noise exposure during the Korean War. He also provided a third-party statement which essentially supports his contention that he was wounded in action.
7. Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was wounded in action while in Korea, implying he is entitled to award of the Purple Heart.
2. There are no available general orders awarding the applicant the Purple Heart. There is no evidence in his available records showing he was ever wounded or injured as a result of hostile action, or that he received medical treatment for any such wounds.
3. While the applicant's sincerity is not in doubt, in the absence of corroborating evidence showing he was wounded as a result of hostile action and treated for those wounds, the documents provided by the applicant are insufficient evidence on which to base awarding him the Purple Heart at this time.
4. Based on the foregoing, regrettably, there is no basis to grant the applicant's request.
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) AR20100011565
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ABCMR Record of Proceedings (cont) AR20100011565
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