IN THE CASE OF:
BOARD DATE: 14 December 2010
DOCKET NUMBER: AR20100016735
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 while serving in Korea in May 1950 he was in a 2 1/2 ton truck that hit a land mine. As a result, he received cuts and other injuries. He was sent to a Mobile Army Surgical Hospital unit for treatment. He never received his Purple Heart.
3. The applicant provides copies of photographs from a book on the 2nd Infantry Division's service in Korea during 1950 and 1951, a Transcript of Military Record, and two National Archives and Records Administration Forms 13038 (Certification of Military Service).
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 military records and service medical 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 applicant's records were lost or destroyed in that fire. This case is being considered using a DD Form 214 (Report of Separation from the Armed Forces of the United States) and Certification of Military Service in his reconstructed file.
3. The applicant enlisted in the Regular Army on 23 July 1946 and was honorably discharged on 14 January 1948. The record shows he was serving in the Enlisted Reserve Corps when he was ordered to active duty on 14 October 1950. He was honorably released from active duty on 29 October 1951.
4. His DD Form 214 for the period ending 29 October 1951 shows:
a. in item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded the Combat Infantryman Badge, Korean Service Medal with three bronze service stars, and Distinguished Unit Citation [now called the Presidential Unit Citation];
b. in item 28 (Most Significant Assignment) that he was assigned to Headquarters Company, 2nd Battalion, 38th Infantry Regiment, 2nd [Infantry] Division; and
c. in item 29 (Wounds Received as a Result of Action with Enemy Forces) "None."
5. The applicant's name is not listed in the Korean Casualty File as having been wounded during the Korean War.
6. The documents provided by the applicant make no reference to injuries he received during his service in Korea.
7. Army Regulation 600-8-22 (Military Awards) states 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. Regrettably, the evidence of record is insufficient to establish the applicant's entitlement to the Purple Heart.
2. The available records do not show and the applicant has not provided official documentation showing he was injured as a result of hostile action. In the absence of such evidence, there is no basis to award the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. Although his entitlement to the Purple Heart cannot be established based on the available evidence, the Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by the applicant to serve our Nation in combat. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100016735
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RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100016735
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