IN THE CASE OF:
BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100026279
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 he be awarded the Purple Heart.
2. The applicant states current x-rays show he carries a metallic foreign body. He contends this is shrapnel from an exploding land mine.
3. The applicant provides:
* a DD Form 214 (Report of Separation from the Armed Forces of the United States)
* a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* two letters from the Jefferson County Department of Veterans Affairs (DVA)
* a copy of a DVA Appeals Decision
* a undated self-authored letter
* a undated letter of support from his spouse
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. The applicants 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 his records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of those items submitted by the applicant.
3. The applicant's DD Form 214 shows he was a member of the Enlisted Reserve Corps (ERC). On 30 September 1950, he was called to active duty at Pittsburgh, PA. He served a total of 14 months and 14 days before he was honorably separated on 13 December 1951 and returned to the ERC. He served slightly more than 11 months of foreign service. He was awarded the Korean Service Medal with 3 bronze campaign [service] stars.
4. In 2009, the applicant was issued a DD Form 215 which added the National Defense Service Medal, United Nations Service Medal, and Republic of Korea Presidential Unit Citation to his DD Form 214.
5. There are no general orders that show the applicant was awarded the Purple Heart. There are no Army medical records to show he was wounded or treated for wounds as a result of hostile action in Korea. The applicant's name is not listed on the Korean War Casualty Roster.
6. The applicant provided an undated, self-authored letter. He stated, in effect, that while serving in the Korean War, his truck hit a land mine and he was wounded. He was picked-up by engineers and taken to a MASH unit and hospitalized for his injuries. He was released from the military in December 1951. Since then he has been diagnosed with Post-Traumatic Stress Disorder (PTSD) and x-rays show he carries metallic fragments in his right arm which the DVA states "
while not dispositive of the issue [wounding], does lend support to his [applicant's] contention of suffering a shrapnel injury."
7. 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 that 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 requests award of the Purple Heart.
2. The applicant's records are not available. Unfortunately, orders awarding the Purple Heart are not available; medical records confirming treatment for combat-related wounds are not available; the applicant's name does not appear on the Korean War Casualty Roster.
3. In order to be awarded the Purple Heart, there must be substantiating evidence to verify that: there was a wound which was the result of hostile action; that the wound required treatment by medical personnel; and that the medical treatment was made a matter of official record.
4. Regrettably, the applicant has not provided any corroborating evidence; therefore, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. In view of the foregoing, there is insufficient evidence to warrant granting the applicant's 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) AR20100026279
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ABCMR Record of Proceedings (cont) AR20100026279
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