BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100024106
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 two awards of the Purple Heart.
2. The applicant states he was wounded by two bullets (one above his left eye and one in his left mandible (jaw)) at Chosin, Korea in 1951.
3. The applicant provides his DD Form 214.
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 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 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. The applicant's military records show he was inducted into the Army of the United States on 28 November 1950. He completed initial entry training, was awarded the military occupational specialty of boiler repairman, and he was promoted to the rank of private first class.
4. His DD Form 214 shows he was honorably released from active duty on 25 November 1952 after completing 1 year, 11 months, and 28 days of active service.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with one bronze service star and the United Nations Service Medal.
6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry, "None."
7. A review of the Korean Casualty File failed to show he was wounded.
8. There is no evidence in the available records and the applicant did not provide any evidence which shows he was ever wounded or treated for wounds sustained as the result of hostile action.
9. His records do not contain any evidence that indicates he was ever recommended for or awarded the Purple Heart by proper authority.
10. 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 is no evidence in his available records or any corroborating evidence provided by him which shows he sustained any wounds requiring medical treatment by medical personnel or that such medical treatment was made a matter of official record.
2. His name is not listed on the Korean Casualty File.
3. In the absence of evidence showing he was wounded as a result of hostile action and was treated for such wounds and that the medical treatment was made a matter of official record, there is insufficient evidence upon which to base award of the Purple Heart. As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. Therefore, there is insufficient 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.
ABCMR Record of Proceedings (cont) AR20100024106
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100024106
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100017660
The applicant's military records are not available to the Board for review. 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.
ARMY | BCMR | CY2010 | 20100010196
It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. However, his name is not shown in the Korean Casualty File, his medical records are not available, his DD Form 214 does not list a combat wound, and there is no evidence in his...
ARMY | BCMR | CY2008 | 20080008387
The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) in support of this application. There are no general orders in the applicant's service personnel records that show he was awarded the Purple Heart. Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case.
ARMY | BCMR | CY2012 | 20120017436
The applicant, through a Member of Congress, 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 for a scar he received in Korea. The applicant's military records are not available to the Board for review. 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.
ARMY | BCMR | CY2009 | 20090016678
The applicant states, in effect, he was never written-up for the award. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. DISCUSSION AND CONCLUSIONS: There is no medical evidence available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in the Korean War.
ARMY | BCMR | CY2011 | 20110024823
There is no evidence in the applicants records and he has not provided 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. Notwithstanding the applicant's sincerity, in the absence of evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base...
ARMY | BCMR | CY2008 | 20080010071
He believes he should be awarded the Purple Heart for the time that he spent in the hospital and the pain that he has sustained as a result of the injury. There are no orders or evidence in the available evidence that show he was awarded the Purple Heart. There is no evidence available, and the applicant has provided no evidence, which shows he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action while serving in Korea.
ARMY | BCMR | CY2011 | 20110017704
The applicants military records are not available to the Board for review. Additionally, he is eligible for award of the United Nations Service Medal based on his award of the Korean Service Medal and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 5 September 1950; and b. amending item 27 of his DD Form...
ARMY | BCMR | CY2012 | 20120005645
The available evidence does not show the applicant sustained wounds or was treated for wounds incurred as a result of hostile action. The decision document stated the service treatment records for the Army from 12 September 1950 to 11 October 1954 (during his period of service) and from 1 January 1964 to 31 December 1964 (well after his active service) show the applicant had a gunshot wound on 11 December 1951 that penetrated the sole of the right foot. There is no evidence of record and...
ARMY | BCMR | CY2008 | 20080019777
The applicant requests correction of his military records to show award of the Purple Heart. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart. There is no evidence in the available records and the applicant has not provided evidence that identifies the nature of his injury or shows his injury was a result of hostile action.