IN THE CASE OF:
BOARD DATE: 21 October 2010
DOCKET NUMBER: AR20100013934
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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.
2. The applicant states he was awarded the Purple Heart in the hospital in Japan and it was never added to his DD Form 214 because he was being medically evacuated.
3. The applicant submits a copy of his DD Form 214.
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 applicants military records are not available to the ABCMR 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 are sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's available records show he was inducted into the Army of the United States on 4 February 1952.
4. Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "None."
5. On 5 March 1954, the applicant was released from active duty and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation. He completed a total of 1 year, 11 months, and 8 days of net active service. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.
6. The applicant's name is not listed on the Korea Casualty Roster.
7. Army Regulation 600-8-22 (Military Awards) provides 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was awarded the Purple Heart and his
DD Form 214 should be corrected to show this award.
2. There are no orders that show the applicant was awarded the Purple Heart, his name is not listed on the Korea Casualty Roster, and there's no evidence he was wounded as a result of hostile action. There is also no corroborating evidence in the available record nor was there any evidence submitted by the applicant that shows he was either awarded or entitled to award of the Purple Heart.
3. Regrettably, there is no basis for granting the applicant's requested relief.
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) AR20100013934
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120008034
The applicant's complete military records are not available to the Board for review. Criteria for award of the Purple Heart require: * that the wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records 3. In the absence of any official corroborating evidence, the newspaper article provided by the applicant that states he was hospitalized is insufficient by itself as a basis for award of the Purple Heart.
ARMY | BCMR | CY2006 | 20060001067C070205
The applicant’s DD Form 214 shows he was wounded on 20 September 1950 as a result of hostile action in Korea and his name is listed on the Korean Casualty Roster for this wound. The evidence of record shows the applicant completed a period of honorable service from 28 January 1948 to 28 January 1952 which included service in Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for...
ARMY | BCMR | CY2014 | 20140002945
The Purple Heart requires evidence to verify: * that the wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records 3. There is no evidence of record that shows he was wounded or injured as a result of hostile action in Korea. Regrettably, therefore, there is insufficient evidence to support award of the Purple Heart in this case.
ARMY | BCMR | CY2011 | 20110009887
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. In the absence of any official corroborating evidence, the newspaper article provided by the applicant that states he was wounded in Korea is insufficient by itself as a basis for award of the Purple Heart.
ARMY | BCMR | CY2010 | 20100025814
He provides: * Military Personnel Records Center (MPRC) Form 1-598 (Extract from Miscellaneous Records Concerning Medical Treatment) * DD Form 214 (Report of Separation from the Armed Forces of the United States) * National Archives and Records Administration Form 13038 (Certification of Military Service) * DD Form 47 (Record of Induction) * DA Form 20 (Qualification Record Enlisted Personnel) * DD Form 230 (Service Record) * DA Form 481 (Military Leave Record) * memorandum *...
ARMY | BCMR | CY2009 | 20090015439
There is sufficient evidence on which to grant award of the Purple Heart in this case. The entry on the FSMs DD Form 214 and the entry on the Korean Casualty Roster are accepted as sufficient evidence as a basis to correct his DD Form 214 to show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 17 June 1952; and b. adding the...
ARMY | BCMR | CY2015 | 20150000613
As a result of his previous request to the ABCMR for correction of his DD Form 214 to show he was awarded three Purple Hearts for being WIA on 27 June 1951, 15 October 1951, and 20 October 1951, a DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty) was issued on 29 January 2008, wherein it deleted the Korean Service Medal with 2 bronze service stars and added the: * Purple Heart (3rd Award) * Army Good Conduct Medal (1st Award) * Korean Service...
ARMY | BCMR | CY2006 | 20060002849C070205
The applicant requests reconsideration of her father's, a former service member (FSM), previous request for award of the Purple Heart. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2001060620 on 29 November 2001. This evidence is sufficient to show that the FSM is entitled to award of the Purple Heart and correction of his...
ARMY | BCMR | CY2011 | 20110016278
He provided Progress Notes, dated 28 November 2005 and 1 August 2007, from a VA physician which stated: a. the applicant was known to have old shrapnel wounds and he had some fragments of shrapnel in his body. However, this statement alone is insufficient as a basis to grant him award of the Purple Heart in this case. In the absence of evidence to show he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2011 | 20110014710
The applicant requests correction of his DD Form 214 to show the Purple Heart. In the absence of orders or other corroborating evidence, the newspaper articles provided by the applicant alone are not sufficient as a basis for adding the Purple Heart to his DD Form 214. Evidence shows he was a POW in Korea; therefore, his DD Form 214 should be corrected to show the POW Medal.