IN THE CASE OF:
BOARD DATE: 18 January 2011
DOCKET NUMBER: AR20100017660
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 he believes he should have received the Purple Heart for wounds he received in the Korean War.
3. The applicant provides a printout of the Korean War Casualty File, a copy of a Department of Veterans Affairs (VA) rating decision, an extract of a U.S. Army Surgeon General's Office Hospitalization File Listing, a printout of the Hospital Admission Cards data base, and a copy of his National Archives and Records Administration Form 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 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. However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. There is no DD Form 214 available. However, his Certification of Military Service shows he was honorably discharged in rank of private first class/E-3 after serving in the Regular Army during the period 16 March 1951 to 26 February 1954.
4. A printout of the Korean War Casualty File shows he served in the military occupational specialty of light weapons infantryman in the 60th Infantry Regiment, 2nd Infantry Division, in the Regular Army. This printout further shows he was a casualty on 3 September 1951 in the North Korea sector. It shows he was seriously wounded in action by a missile and that he was returned to duty. It shows his rank at the time of the injury as private/E-2.
5. The printout of the Hospital Admission Cards data base shows he was treated for a penetrating grenade fragment wound in his thigh region as the direct result of action against or by an organized enemy on 3 September 1951. A second page for the same date shows he also received sutures in the knee region.
6. His available records do not contain any evidence that indicates he was ever awarded the Purple Heart by proper authority.
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 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. There are no orders in the applicant's available personnel records that show he was awarded the Purple Heart. However, based on the evidence in the Korean War Casualty File and the Hospital Admission Cards data base printout, there is ample evidence showing he is entitled to award of the Purple Heart. Since he has no available DD Form 214 on which to add the Purple Heart, it would be appropriate to publish orders showing this award for injuries sustained in action on 3 September 1951.
2. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
BOARD VOTE:
___X____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for injuries sustained in action on 3 September 1951.
_________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) AR20100017660
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ABCMR Record of Proceedings (cont) AR20100017660
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