IN THE CASE OF:
BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100014962
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 WD AGO Form 55/DD Form 214 (Combined) (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.
2. The applicant states he was wounded by shrapnel behind his right ear and to his right knee during an engagement with the enemy in early spring 1951.
3. The applicant provides his WD AGO Form 55/DD Form 214 (Combined).
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 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's WD AGO Form 55/DD Form 214 (Combined) shows he was inducted into the Army of the United States on 5 January 1951. He completed training and he was awarded military occupational specialty 1812 (Heavy Weapons Infantry Leader).
4. His WD AGO Form 55/DD Form 214 (Combined) further shows he was honorably released from active duty on 4 October 1952 and he was transferred to the Enlisted Reserve Corps (ERC) to complete his remaining service obligation. He completed a 1 year and 9 months of total active service, of which 10 months and 26 days was foreign service.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his WD AGO Form 55/DD Form 214 (Combined) shows the Korean Service Medal with one bronze service star and the Combat Infantryman Badge.
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's contention that he should be awarded the Purple Heart and his WD AGO Form 55/DD Form 214 (Combined) should be corrected to show this award was carefully considered.
.
2. 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, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record. Regrettably, in the absence of documentary evidence, there is no basis for granting the applicant's request for award of and correction of his record to show the Purple Heart.
3. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20100014962
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ABCMR Record of Proceedings (cont) AR20100014962
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