BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110000345
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 he was injured during the battle of the Chosin Reservoir in Korea in November 1952. He states he was hit in the hip, leg, and above the right eye with seven pieces of shrapnel and was hospitalized for seven days.
3. The applicant provides no documentary evidence in support of his application.
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 record is not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using reconstructed records which primarily consists of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States).
3. The applicant's DD Form 214 shows he entered active duty in the Regular Army (RA) on 7 November 1950. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he earned the Army of Occupation Medal (AOM) with Japan Clasp, Korean Service Medal (KSM) with 2 bronze service stars, United Nations Service Medal, and AOM with Germany Clasp. The PH is not included in the list of awards contained in item 27. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "None."
4. The applicants DD Form 214 further confirms he completed 2 years,
11 months, and 7 days of total active service and he was honorably discharged on 15 October 1953 in the rank of corporal.
5. The NPRC file is void of any orders or other documents that indicate the applicant was ever wounded in action, treated for a combat-related wound by military medical personnel, or recommended for and awarded the PH by proper authority while serving in Korea.
6. During the review of this case a member of the Board's staff reviewed the Korean War Casualty Roster. There was no entry on this roster pertaining to the applicant being wounded in action in Korea.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by medical personnel; and a record of this medical treatment must be supported by medical treatment records that were made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the PH has been carefully considered. However, there is insufficient evidence to support his claim.
2. By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.
3. The available evidence fails to show the applicant was ever wounded as a result of enemy action or treated for a wound received as a result of enemy action while serving on active duty. His DD Form 214, item 29, contains the entry "None," which indicates he was not wounded as a result of action with enemy forces; and his name is not included on the Korean War Casualty Roster, the official list of Korea battle casualties.
4. Further, there are no documents in the NPRC file and the applicant has failed to provide any to show he was ever wounded in action, treated for a combat-related wound by military medical personnel, or recommended for or awarded the PH by proper authority while serving in Korea.
5. Absent any evidence verifying the applicants claim that he was wounded in action in Korea, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. Therefore, it would not be appropriate or serve the interest of all those who served in Korea and who faced similar circumstances 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) AR20110000345
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110000345
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080012761
Application for correction of military records (with supporting documents provided, if any). The available evidence and the independent evidence submitted by the applicant in this case fail to show he was ever wounded or injured as a result of enemy action, or that he was ever treated for a combat related wound or injury while serving on active duty. Item 27 of his DD Form 214 does not include the PH in the awards listed.
ARMY | BCMR | CY2007 | 20070018409
The applicant's military records are not available to the Board for review. By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the...
ARMY | BCMR | CY2010 | 20100018385
Application for correction of military records (with supporting documents provided, if any). The applicant provides the following documents: * two letters from his Member of Congress * a Privacy Act Release Authorization * two self-authored statements * a National Personnel Records Center (NPRC) letter, dated 12 April 2010 * his Honorable Discharge Certificate * his DD Form 214 (Report of Separation from the Armed Forces of the United States) * two photocopy photographs * a Standard Form...
ARMY | BCMR | CY2009 | 20090011019
Application for correction of military records (with supporting documents provided, if any). The applicant's military record is not available to the Board for review. By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.
ARMY | BCMR | CY2006 | 20060010169C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 February 2007 DOCKET NUMBER: AR20060010169 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Section 8 of the applicant's Service Record is blank, which indicates he was never wounded in action. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the...
ARMY | BCMR | CY2009 | 20090007041
Application for correction of military records (with supporting documents provided, if any). Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows the entry "None." It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and that a record of the medical treatment was made...
ARMY | BCMR | CY2007 | 20070016771
It states, in pertinent part, that in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record. By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy...
ARMY | DRB | CY2005 | 20050009665
The separation document (DD Form 214) he received at this time did not include the PH in the list of authorized awards. On 18 December 2002, the applicant submitted an application to the Army Board for Correction of Military Records (ABCMR) requesting he be awarded the Republic of Korea Presidential Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and Korean War Service Medal. The evidence of record in this case includes the applicant’s DA Form 20, which is void of any entry in...
ARMY | BCMR | CY2006 | 20060009898
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 February 2007 DOCKET NUMBER: AR20060009898 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. However, absent any evidence (medical treatment records, eyewitness statements, or record entries) that show his injuries were the result of enemy action, or that he was ever treated for a combat related wound by...
ARMY | BCMR | CY2011 | 20110022368
The applicant's complete military record is not available to the Board for review. The PH is not listed on the DD Form 214 on file and there are no orders or other documents in the NPRC file that indicate the applicant was ever recommended for or awarded the PH during any of his active service. It states that in order to award a PH, there must be evidence verifying the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical...