IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025866
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 to be awarded the Purple Heart.
2. The applicant states he lost his hearing in his right ear and partially lost his hearing in his left ear during combat operations with his field artillery battalion in combat in Korea in 1951 and was never awarded the Purple Heart.
3. The applicant provides a National Archives and Records Administration Form 13038 (Certification of Military Service)
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 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.
3. The applicant enlisted in the Regular Army in Brooklyn, New York, on 1 March 1950 for a period of 3 years. He completed training as a wireman at Fort Gordon, Georgia.
4. He served in three campaigns in Korea and had 1 year, 1 month, and 15 days of foreign and/or sea service. He was promoted to the rank of corporal on 1 January 1952.
5. On 2 March 1953 he was honorably discharged at Fort Dix, New Jersey. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he completed 3 years and 2 days of active service and was awarded the Meritorious Unit Emblem, United Nations Service Medal, and Korean Service Medal with three bronze service stars.
6. In block 29 (Wounds Received as a Result of Action with Enemy Forces) is the entry "None."
7. A search of the Korean Casualty Listing failed to show the applicant was reported as a casualty. Additionally, there is no evidence in the available records to show he was injured as a result of enemy action or that treatment was made a matter of record.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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 that he was injured as a result of enemy action is not in doubt, he failed to show through evidence submitted with his application or the evidence of record that he was, in fact, wounded as a result of enemy action and that treatment was made a matter of record.
2. The award of the Purple Heart is tied to a specific event (injury) and date and there is no evidence in the available records to determine what happened or when the event occurred. Additionally, there must be sufficient evidence to establish that the injury was the result of enemy action and that treatment for the injury was made a matter of record. Unfortunately, none of the criteria for award of the Purple Heart is present in the available evidence.
3. In the absence of such evidence, there is no basis to authorize the award of the Purple Heart at this time.
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 for correction of the records of the individual concerned.
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) AR20100025866
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ABCMR Record of Proceedings (cont) AR20100025866
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