BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100019667
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 addition of the Purple Heart to his DD Form 214 (Report of Separation from the Armed Forces of the United States) and restoration to pay grade E-5.
2. The applicant states that his shoulder injuries were incurred on or near the front lines. The Purple Heart medal and certificate were presented at the field hospital where he was treated. However, both were missing upon his discharge. His rank was changed from sergeant (E-5) to specialist five (E-5) to fit the needs of his unit in Austria, but his rank was erroneously recorded as specialist two.
3. The applicant provides no documents to substantiate his request.
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. Army Regulation 15-185 sets forth procedures for processing requests for correction of military records. Paragraph 2-15b governs requests for reconsideration. This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered. The applicant's request concerning his rank was considered by the Board on 27 May 1999 as docket number AR1999023721. It will not be further discussed. However, it is noted that the Memorandum of Consideration makes it clear that both sergeant and specialist two meant pay grade E-5.
3. The applicant, with 3 years of previous service reenlisted in the Regular Army on 7 March 1950. He was separated with an honorable discharge on 5 March 1956.
4. Nothing is indicated in Section 8 (Wounds received through Enemy Action) of his DD Form 24 (Service Record) and Section 9 (Medals, Decorations and Citations) does not list the Purple Heart.
5. His name is not listed on the Korean Casualty List.
6. In July 1960 the Department of Veterans Affairs (VA) requested any available medical evidence from the applicant's records. It mentioned hepatitis and torn ligaments but made no mention of any wound of enemy origin.
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. There is no documentation to support the applicant's contention that he was wounded and was or should be awarded the Purple Heart. There is no rationale to support the implied conclusion that those alleged circumstances would warrant the requested relief.
2. In view of the foregoing there is no basis for granting the applicant's requested relief.
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.
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