BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100013557
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 for injuries he received during the Korean War.
2. The applicant states:
* His medical records were destroyed in the 1973 fire at St. Louis, Missouri
* He has requested compensation for his injuries from the Department of Veterans Affairs (VA)
* He was never issued the Purple Heart medal
* He has documentation from the VA indicating he suffered shrapnel wounds while in service
* He has a statement from a "buddy" stating when and how his injury occurred
3. The applicant provides:
* VA Statement of the Case dated 31 March 2010
* A "Buddy Statement" dated 9 November 2006
* A letter from the Buena Vista County Veterans Service Office dated 8 April 2010
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 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 the applicants 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 enlisted in the Army for 2 years on 4 March 1952. He completed training as a light weapons infantryman. He was transferred to Korea on 22 August 1952.
4. The applicant returned to the U.S. on 13 September 1953. He was honorably released from active duty (REFRAD) on 3 March 1954, at the expiration of his term of service and he was transferred to the U.S. Army Reserve to complete his service obligation. The DD Form 214 that he was issued shows he was not wounded as a result of action with enemy forces while he was in Korea.
5. The applicant's name is not shown on the Korean Casualty Listing.
6. The VA Statement of the Case the applicant submits dated 31 March 2010 states that the evidence indicates he suffered from shrapnel wounds while he was in the service. In the "Buddy Statement" he submits the individual states the applicant and another Soldier had overnight listening post duty in a foxhole. He states that during early morning an incoming mortar round hit close to their position wounding the applicant's left shoulder and ear.
7. 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 by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions and his supporting documents have been considered. However, they are not supported by the available evidence of record.
2. The applicant's DD Form 214 specifically states he was not wounded as a result of action with the enemy.
3. The "Buddy Statement" he submits is not sufficiently mitigating to warrant granting the applicant's request.
4. The VA Statement of the Case is dated 31 March 2010, which is over 55 years after his date of REFRAD. Additionally, his name is not listed on the Korean Casualty Listing as being wounded in action. Therefore, based on the available evidence, there is insufficient evidence to award him the Purple Heart at this time.
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) AR20100013557
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ABCMR Record of Proceedings (cont) AR20100013557
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