IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100018773
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 that he be awarded the Purple Heart.
2. The applicant states that while serving in Korea as an infantryman he was wounded on his left side by a Chinese bayonet and he desires to be awarded the Purple Heart for those injuries.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 that 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 was inducted in Oklahoma City, Oklahoma on 23 October 1952. He completed his training and he was transferred to Korea for assignment to the 224th Infantry Regiment. He served 1 year, 3 months, and 20 days of foreign service and he was promoted to the temporary rank of sergeant on 13 May 1954.
4. When he departed Korea he was transferred to Camp Carson, Colorado where he was honorably released from active duty (REFRAD) on 17 August 1954. He had served 1 year, 9 months, and 25 days of active service and his
DD Form 214 issued at the time of his REFRAD reflects that he was awarded the Korean Service Medal with one bronze service star, United Nations Service Medal, Combat Infantryman Badge, National Defense Service Medal, and the Good Conduct Medal. Block 29 of his DD Form 214 (Wounds received as a result of action with enemy forces) contains the entry None.
5. A review of the Korean War Casualty Listing failed to show an entry for the applicant being reported as a casualty.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was wounded in Korea is not in doubt, there simply is no evidence to show that he was in fact wounded and that he was treated by medical personnel for his wounds.
2. Therefore, in the absence of evidence to show that he was treated for wounds that were the result of enemy action there appears to be no basis to award him the Purple Heart at this time.
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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War. 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) AR20100018773
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ABCMR Record of Proceedings (cont) AR20100018773
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