BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100025467 


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, in effect, award of the Purple Heart and its addition to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  He states that he was wounded in combat action in North Korea and the Purple Heart is not shown on his DD Form 214.  He was wounded in March 1953 during the battle of "Little Gibraltar Hill."  After being wounded, he spent 3 days in the hospital recovering from hand grenade shrapnel wounds to his face, just below his left eye.  After receiving treatment for his facial wound and sprained ankle, the forward aid station kept him there to assist with the graves registration. He soon returned to his company and was assigned to a recoilless rifle team.

3.  He provides:

* Two DA AGO Forms 1 (Morning Report)
* Unit Roster for the 2nd Infantry Division
* 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 applicant’s failure to timely file within the3-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, the reconstructed records contain sufficient documentation and documentation provided by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  His available military records show he enlisted in the Regular Army, Infantry Branch, in pay grade E-1, on 9 October 1951, for 3 years.  He served overseas for 1 year and 15 days.  He was assigned to Company A, 38th Reconnaissance Battalion.  Item 5 (Specialty Number or Symbol), of his DD Form 214 shows he held the military occupational specialty 1812 (Heavy Weapons Infantryman).

4.  Two DA AGO Forms 1, dated 17 March 1953, show he was serving with Company H, 9th Infantry Regiment, 2nd Infantry Division, on that date.

5.  He was honorably discharged from active duty at the expiration of his term of service on 8 October 1954.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized), of his DD Form 214, lists the following awards:  

* Korean Service Medal with 3 bronze service stars
* Combat Infantryman Badge
* United Nations Service Medal
* National Defense Service Medal
* Army Good Conduct Medal

7.  Item 29 (Wounds Received as a Result of Action with Enemy Action), of his DD Form 214, shows the entry, "None" to indicate he was not wounded while he served in Korea.  He placed his signature in Item 48 for the individual being separated to indicate that the information recorded on the form was correct and complete to the best of his knowledge.

8.  There are no orders or evidence in the available record that show he was awarded the Purple Heart.  There is also no evidence that indicates he was wounded or treated for wounds as a result of hostile action.  

9.  His name is not listed on the Korean War Casualty List.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against the 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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, to be awarded the Purple Heart, it is necessary to establish that a Soldier was wounded or injured in action.  There is no evidence available, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action while serving in Korea.  His name is not recorded on the Korean War Casualty File and Item 29 of his DD Form 214 has the entry, "None" to indicate he did not receive a wound in action against a hostile force.  Based on the foregoing, he does not meet the regulatory requirements for award of the Purple Heart; therefore, he is not entitled to this award and its addition to his DD Form 214.  

2.  His contentions have been considered; however, he has provided insufficient evidence to show that he sustained a facial wound in March 1953.  Without evidence that he was treated for a wound or wounds received as a direct result of enemy action and that his injury was made a matter of official record, he is not entitled to award of the Purple Heart.  In all cases the burden of proof rests with the applicants to submit substantiating proof of their entitlement for award of the Purple Heart.  

3.  In view of the foregoing, there is no basis for granting his request.

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)                                         AR20100025467



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ABCMR Record of Proceedings (cont)                                         AR20100025467



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