IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20100024161 


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, through a Member of Congress, requests a record correction for the Purple Heart and "2 more clusters."

2.  The applicant did not provide a statement. 

3.  The applicant did not provide any supporting documents with his application. 

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 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 remaining in a reconstructed record to conduct a fair and impartial review of this case.  Within the applicant's reconstructed record are two DD Forms 214, for the periods ending 2 November 1951 and 6 February 1954.

3.  The applicant's DD Form 214 for the period ending 2 November 1951 shows he enlisted in the Regular Army on 3 February 1949 for a period of 21 months.  He served in military occupational specialty 3060 (Cook).

4.  On 2 November 1951, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 he was issued for this period of service shows he served 2 years and 9 months of net active service with 1 year, 1 month, and 23 days of foreign service.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the:

* Korean Service Medal
* "1 Bronze Star" 

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of this DD Form 214 shows the entry "NONE."

7.  He reenlisted on 3 November 1951 for a period of 6 years.  He was discharged on 6 February 1954 with a general discharge, having served 2 years, 2 months, and 26 days of this term of service.

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the:

* National Defense Service Medal 
* Army Good Conduct Medal

9.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of this DD Form 214 shows "None."

10.  The applicant’s name is not listed on the Korean Casualty File.

11.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  The SGO files do not show the applicant was wounded in combat.  


12.  His reconstructed record contains a copy of a unit morning report, dated 18 July 1951, that shows the applicant's duty status was reported as "Fr abs to sk Hosp Korea (From absent to sick in hospital in Korea) effective 9 July 1951.  A second entry reports his duty status as "Fr abs sk Hosp Korea to dy (duty)" effective 11 July 1951.

13.  By letter, the National Personnel Records Center informed the applicant's Member of Congress on 8 July 2010 that it would be shipping the following awards to the applicant:

* Bronze Star Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Korean Service Medal with 1 bronze service star
* United Nations Service Medal

14.  The applicant's Member of Congress stated in his letter to the Board that his constituent wanted his discharge upgraded.  During the processing of this case a staff member of the Board contacted the Member of Congress' assistant for a written clarification of the specific records correction the applicant was seeking.  On dated 24 May 2011, a follow-up letter was forwarded to the Member of Congress.  No response was received from the Member's office.

15.  Army Regulation 600-45 (Decorations) provides for award of the Purple Heart.  This award is presented to any member of the Armed Forces or civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed services was wounded, killed, or who died because of the wound(s) incurred during hostile action.  To award the Purple Heart, three criteria must be met:  substantiating evidence must verify the wound was the result of hostile action, the wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  As there exists a discrepancy between what the Member of Congress requested (a discharge upgrade) and the applicant's handwritten request for the Purple Heart with "2 more clusters," the Board proceeded solely to address the applicant's handwritten request. 

2.  There is no available medical evidence to show the applicant received medical treatment for wounds incurred as a result of hostile actions.  Records 


show he received inpatient medical treatment; however, the morning report entry shows "hospitalized (sick)."  There is no evidence he was hospitalized due to injuries sustained as a result of hostile action.  Therefore, in the absence of substantiating medical evidence, there is insufficient evidence upon which to base award of the Purple Heart.

3.  A request for clarification of the applicant's request for "2 more clusters" was made to the Member of Congress both telephonically and in writing; however, no response was received.  As it is unclear what the applicant is referring to, there is no basis for granting this portion of his request.

4.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20100024161



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ABCMR Record of Proceedings (cont)                                         AR20100024161



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