IN THE CASE OF:
BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20100030372
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 a review of his records to determine if he is authorized award of the Purple Heart for wounds he received in action in Korea.
2. The applicant states the Purple Heart for an ear wound is not shown on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
3. The applicant provides:
* DD Form 214
* General Durable Power of Attorney
* Consent for Release of Personal Record by Executive Agencies
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 enlisted in the Regular Army on 29 July 1949 with prior service in the South Carolina Army National Guard. He completed training as a light weapons infantryman. He arrived in Korea on 17 May 1952.
3. The applicant returned to the United States on 10 December 1952.
4. The applicant's records contain a Standard Form 89 (Report of Medical History), dated 17 December 1952, that shows he suffered a concussion from an artillery shell in October 1952 which affected his left ear. His ear became infected and was drained.
5. He was honorably discharged prior to his expiration of term of service for the convenience of the government on 17 December 1952. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on the DD Form 214 he received shows the following awards:
* Korean Service Medal with two bronze service stars
* Combat Infantryman Badge
* United Nations Service Medal
* Army of Occupation Medal with Japan Clasp
6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows "None."
7. A review of the Korean casualty listing does not show the applicant as a battle casualty.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to award of the Purple Heart. It states that in order to award a Purple Heart there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. By regulation, in order to support award of the Purple Heart there must be evidence confirming the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.
2. The applicant's Standard Form 89 shows he told the physician on the day of his discharge that he suffered a concussion from an artillery shell in October 1952 which affected his left ear and that his ear became infected and was drained. There is no medical documentation contained in his official record showing he was wounded as a result of enemy action and the wound required medical treatment.
3. The applicant's name is not shown on the Korean casualty listing as a battle casualty.
4. Item 29 of his DD Form 214 contains the entry "None" which indicates he was never wounded as a result of action with enemy forces.
5. Regrettably, in view of the foregoing the applicant's request should be denied.
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) AR20100030372
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ABCMR Record of Proceedings (cont) AR20100030372
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