IN THE CASE OF:
BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100018275
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), dated 17 August 1954, to show award of the Purple Heart.
2. The applicant states he was wounded while on a mission in July 1952 on Heartbreak Ridge and he was never given the Purple Heart. He further states Sergeant B---n and Sergeant J----r were covering the conflict and they were suppose to submit the documents.
3. The applicant provides his DD Form 214 for the period ending on 17 August 1954.
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 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 to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 for the period ending 17 August 1954 shows the applicant was inducted into the Army of the United States on 26 August 1952 and he held military occupational specialty 532.66 (Smoke Generator Specialist).
4. He was honorably discharged from active duty on 17 August 1954 for the purpose of immediate enlistment in the Regular Army (RA). He completed 1 year, 11 months, and 22 days of active service during this period, and 1 year, 5 months, and 10 days of foreign service.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, United Nations Service Medal, 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. On 18 August 1954, he enlisted in the RA. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued on 15 August 1957, shows he was honorably discharged and he completed 2 years, 11 months, and 28 days of active service, of which 1 year, 6 months, and 11 days was foreign service.
8. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the entry "None."
9. Item 27 (Wounds Received As a Result of Action with Enemy Forces) of this DD Form 214 shows the entry "None."
10. 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.
11. 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. 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 requested relief.
2. Nevertheless, this action in no way diminishes the sacrifices he made 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) AR20100018275
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ABCMR Record of Proceedings (cont) AR20100018275
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