IN THE CASE OF:
BOARD DATE: 10 November 2010
DOCKET NUMBER: AR20100013964
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 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, in effect, he was wounded during the Korean War and received medical treatment on a hospital ship in the China Sea. He contends he never received his Purple Heart.
3. The applicant has not provided any documentation in support of his request.
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 service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973. The records available to the ABCMR were provided by the applicant. The primary record available to this Board is the applicant's DD Form 214.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 8 August 1952. He was honorably released from active duty on 19 July 1954 under the provisions of Special Regulation 615-363-5 (Released to Army Reserve) and Special Regulation 615-360-5 (Prior to End of Term of Service) in the rank/pay grade of private/E-2. His DD Form 214 contains the following entries:
a. Item 5 (Specialty Number and Symbol) shows the military occupational specialty 1602 (Antiaircraft Artillery Automatic Weapons Chief).
b. Item 26 (Foreign and/or Sea Service) shows 1 year, 5 months, and 1 day.
c. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Korean Service Medal, United Nations Service Medal, and National Defense Service Medal.
d. Item 28 (Most Significant Duty Assignment) shows the applicant was assigned to Battery C, 76th Antiaircraft Artillery (AAA) (Automatic Weapons (AW)) Battalion.
e. Item 29 (Wounds Received as a Result of Action with Enemy) contains the entry "None."
f. Item 48 (Signature of Person Being Separated) contains the applicant's signature.
4. The applicant's name does not appear in the Korean War Casualty File for period 13 February 1950 through 31 December 1953 as being wounded in action.
5. The applicant's records are void of any medical documentation and the applicant has not provided any which shows his wounds, hospitalization, or medical treatment.
6. 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Purple Heart for wounds received in Korea.
2. The evidence of record confirms he served in the Republic of Korea with the 76th AAA (AW) Battalion for 1 year, 5 months, and 1 day. However, there is no evidence in the available record nor has the applicant provided sufficient evidence which shows he was wounded or treated for wounds due to hostile action.
3. The applicant's contentions have been noted; however, absent of corroborating evidence, his contentions alone over 50 years after the fact are not sufficient as the basis for award of the Purple Heart. Regrettably, therefore, there is no reason to grant the 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) AR20100013964
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ABCMR Record of Proceedings (cont) AR20100013964
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