IN THE CASE OF:
BOARD DATE: 20 October 2010
DOCKET NUMBER: AR20100012795
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.
2. The applicant states in a statement given to his Congressional Representative that he was injured during a night fire mission on or about 9 October 1952 while serving in Korea. He was treated by the company medic and told he would be put in for a Purple Heart. However, he did not want to upset his wife; therefore, he told the medic it was okay. "The medic said he would put it in my file in case
I wanted it later."
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a privacy release form.
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 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 in 1973. It is believed that his records were lost or destroyed in that fire. 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's DD Form 214 shows he was inducted into the Army of the United States on 19 February 1952. This form further show at the time of separation, he served in the infantry branch and his most significant duty assignment (i.e., his last duty assignment) was with the Heavy Mortar Company, 160th Infantry Regiment.
4. His DD Form 214 further shows he completed 1 year and 9 months of creditable active military service, of which 1 year, 1 month, and 11 days was foreign service. He was honorably released from active duty on 18 November 1953 and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the United Nations Service Medal, National Defense Service Medal, Combat Infantryman Badge, and the Korean Service Medal with three bronze service stars.
6. Item 29 (Wounds Received As a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."
7. His reconstructed records do not contain orders awarding him the Purple Heart. Additionally, his medical records are not available for review with this case and his name is not shown on the Korean Casualty File.
8. Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Purple Heart.
2. Award of the Purple Heart requires a Soldier to having been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.
3. There is no evidence in his reconstructed records and the applicant did not provide any evidence 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 documentary evidence that shows he was wounded or injured as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart.
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) AR20100012795
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100012795
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