BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100029452
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 (PH).
2. The applicant states during recent years his noise-induced hearing loss and increased pressure in his head caused traumatic brain injury which the Department of Veterans Affairs is now using as the basis for awarding him the PH.
3. The applicant provides:
* a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
* a one-page self-authored letter
* a newspaper article
* a letter from National Personnel Records Center (NPRC)
* questionnaire about military service from National Archives and Records Administration (NARA)
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 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.
3. The applicant was inducted in the Army of the United States on 27 August 1952. The highest rank he attained while serving on active duty was corporal.
4. His DD Form 214 shows he served in the Republic of Korea, and further shows in item number 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded Korean Service Medal, Good Conduct Medal, United Nations Service Medal, and the National Defense Service Medal.
5. The applicant was honorably release from active duty on 17 August 1954.
6. The applicant's service medical records are not available.
7. The applicant provided a letter from NPRC which states if the applicant's record was located at NPRC during the period around 12 July 1973, it would have been in the area that suffered the most damage in the fire on that date and many records were destroyed. Further, the applicant provided a questionnaire about his military service from NARA.
8. The applicant provided a one page self-authored letter which states that he should not be punished for his records being destroyed and the applicant feels someone should take responsibility in awarding him the PH.
9. The applicant provides a newspaper article which shows Marines receiving the PH for damages they received to their hearing in Iraq.
10. Army Regulation 600-8-22 (Military Awards) states the PH is awarded to members wounded in action and states that in order to award the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the PH was carefully considered and it was determined that there is insufficient evidence to support this request.
2. The applicant's records were destroyed at the NPRC in 1973, and he did not provide any additional evidence that supports awarding the PH.
3. In order to support award of the PH, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.
4. The applicant's available record contains no medical treatment records or other documents that confirm the applicant was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Korea. The regulatory burden of proof necessary to support award of the PH has not been met; therefore, regrettably, it would not be appropriate to award the applicant the PH.
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) AR20100029452
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ABCMR Record of Proceedings (cont) AR20100029452
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