IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100024275 


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 reconsideration of his previous request for award of the Purple Heart.

2.  The applicant states, in effect, he understands the Board had difficulty finding evidence to show he was wounded in action or awarded the Purple Heart because he refused to be awarded the Purple Heart at the time for fear his wife of less than 1 year would be notified and he did not want to upset her more than she already was.  He also states he knows his medical records were burned and can only offer the evidence he has to substantiate his claim, such as photos of the area in Korea where he was wounded and the shrapnel removed from his leg.  He goes on to state he believes he meets all of the requirements for award of the Purple Heart and he has provided sufficient evidence to establish such.

3.  The applicant provides copies of:

* two pages from Department of the Army Pamphlet 21-4 (Going Back to Civilian Life)
* a letter he sent to the National Personnel Records Center (NPRC) requesting that his records be reconstructed
* an FL3-39 (Acknowledgment of Receipt of Claim), dated 1 July 1954
* a DA Form 493 (Separation Qualification Record)
* a National Archives and Records Administration (NARA) Form 13055
* a NARA Form 13075
* a page containing seven photographs
* a copy of a letter from a physician indicating that he had shrapnel removed from his leg, dated 2004
* a two-page handwritten letter from his spouse
* a one-page copy of progress notes from the Department of Veterans Affairs (VA)
* a one-page letter from the applicant explaining comments made by a third party
* an article from the Air, Land, and Sea Times.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090009932 on 27 October 2009.

2.  The applicant's records were destroyed in the 1973 fire at the NPRC; however, the Board reviewed the available reconstructed records as well as the documents provided by the applicant in its previous consideration of his application.

3.  The applicant comes to the Board with photographs of his tank and the bunker alongside that was destroyed at the time he was wounded.  He provides photographs of shrapnel removed from his leg at the time and shrapnel removed from his leg in 2004.  He also shows a photograph of his identification tags.

4.  In many cases such as the applicant's where service records were destroyed in the 1973 fire at the NPRC, applicants have been able to obtain copies of their records from the VA in those cases where a claim was filed with the VA between the time of their separation and the 1973 fire.  In those cases, the VA made copies of the Soldier's records to assist in the adjudication of claims and in many cases provided the evidence needed, such as medical treatment records for awards of the Purple Heart.

5.  It appears that the applicant filed a claim with the VA in 1954; however, there is no evidence to show that he has submitted any copies of his military records that may be maintained by the VA that would assist in determining his entitlement to the award of the Purple Heart.

6.  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 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.  While the sincerity of the applicant's claim to entitlement to award of the Purple Heart is not in doubt, he failed to provide sufficient evidence to show he meets the three requirements for award of the Purple Heart, i.e., the wound was the result of hostile action, the wound required treatment by medical personnel, and the medical treatment was made a matter of official record.

2.  The applicant's contentions and all of his supporting evidence submitted in both of his applications have been carefully considered; however, they are not sufficient to show he meets the criteria for award of the Purple Heart at this time.

3.  It is understood that it is difficult at best to provide evidence to establish his entitlement to award of the Purple Heart 50+ years after the fact, especially given that his records were destroyed.  However, the Board is not an investigative body and the burden of proof rests with the applicant to show an error or injustice has occurred.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant failed to submit evidence that would satisfy this requirement.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090009932, dated 27 October 2009.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him 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)                                         AR20100024275



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ABCMR Record of Proceedings (cont)                                         AR20100024275



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