IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100024367
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 award of the Purple Heart.
2. He provides no statement.
3. He provides a letter from the Veterans Administration.
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. His record shows he enlisted in the Regular Army on 17 October 1952.
3. His record contains an AGO Form 0365 (Non-Battle Report), dated 17 June 1953, which shows he was hospitalized for shell fragment missile wounds of both hands with traumatic amputation of the left thumb and index finger and fracture of the middle finger of the left hand accidently incurred in Korea on 13 June 1953 in a grenade explosion. The "Remarks" section of this form clearly shows this was determined to be a non-battle injury.
4. His record contains his DD Form 230 (Service Record) which shows no entries in Section 8 (Wounds Received through Enemy Action).
5. His record DA Form 199 (Proceedings of Physical Evaluation Board) which shows:
* Item 23 (Incurred in Combat with Enemy of the U.S.) contains no entry
* Item 24 (Result from Explosion of Instrumentality of War in Line of Duty) contains no entry
6. On 28 February 1954, he was retired due to a permanent disability after completing a total of 1 year, 4 months, and 14 days of creditable active military service. The DD Form 214 he was issued shows in:
a. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the United Nations Service Medal, National Defense Service Medal, Good Conduct Medal, Korean Service Medal, and Combat Medical Badge; and
b. Item 29 (Wounds Received as a Result of Combat Action with Enemy Forces) the entry "13 June 1953, Korea."
7. The Korea Casualty Roster does not contain the applicant's name.
8. He provides a letter from the Veterans Administration dated 11 June 1954, which shows he was awarded $103.75 per month for amputation of his left thumb, left index finger, and left middle finger, 50 percent.
9. 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. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that an injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. The applicant's AGO Form 0365 shows he was accidently wounded when a hand grenade exploded in his hand on 13 June 1953. Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record there is an insufficient basis for awarding him the Purple Heart.
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 him in service to our Nation. 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) AR20100024367
2
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