IN THE CASE OF:
BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100025814
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 states:
* he was injured while serving in Korea with the 999th Armored Field Artillery Battalion
* he was a gunner and was struck in the groin by a Howitzer recoil
* he was hit in the head by shrapnel from incoming rounds
* he was treated at the 121st Evacuation Hospital
3. He provides:
* Military Personnel Records Center (MPRC) Form 1-598 (Extract from Miscellaneous Records Concerning Medical Treatment)
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* National Archives and Records Administration Form 13038 (Certification of Military Service)
* DD Form 47 (Record of Induction)
* DA Form 20 (Qualification Record Enlisted Personnel)
* DD Form 230 (Service Record)
* DA Form 481 (Military Leave Record)
* memorandum
* affidavit
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 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. He was inducted into the Army of the United States on 20 March 1952. He served in Korea from 9 September 1952 to 21 September 1953.
4. His MPRC Form I-598 shows he was hospitalized on 14 November 1952 and returned to duty on 15 November 1952. He was also hospitalized on 26 December 1952 and returned to duty the same day. This document doesn't indicate he was injured as a result of hostile action in Korea or show the reason for his treatment.
5. His DD Form 230 shows in:
* Section 3 (Organizations to Which Assigned and Attached) he was assigned to Battery B, 999th Armored Field Artillery Battalion, from 24 September 1952 to 2 September 1953
* Section 8 (Wounds Received Through Enemy Action) no entries
* Section 9 (Medals, Decorations, and Citations) no entry for award of the Purple Heart
6. He was released from active duty on 19 December 1953. His DD Form 214 doesn't show award of the Purple Heart.
7. His DD Form 214 shows the entry "None" in item 29 (Wounds Received as a Result of Action with Enemy Forces). His name is not listed on the Korean War Casualty Roster.
8. 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. The applicant's service record is void of orders which authorize him award of the Purple Heart. His name is not listed on the Korean Casualty Roster.
2. By regulation, in order to award the Purple Heart it is necessary to establish the Soldier was wounded in action, the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record.
3. His MPRC Form I-598 shows he was hospitalized on 14 November 1952 and 26 December 1952 while assigned to the 999th Armored Field Artillery Battalion in Korea. However, this document does not indicate he sustained wounds in the groin or head as a result of hostile action.
4. In the absence of evidence to corroborate his statement which shows he was struck in the groin by a Howitzer recoil and hit in the head by shrapnel as a result of hostile action while in Korea, there is insufficient evidence upon which to base award of the Purple Heart in this case.
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 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) AR20100025814
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100025814
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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