IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20110000903 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart.  

2.  He states he:

* feels that a correction should be made to his DD Form 214 because of the email from a former lieutenant (now a retired lieutenant colonel) who witnessed the accident where he was injured/wounded
* was injured/wounded while in combat and on a mission in support of a Greek Forward Observer Crew in late January 1951 along with other Soldiers
* never received the awards due to him 

3.  He provides:

* DD Form 214
* three emails
* information from the Hospital Admission Cards Created by the Office of the Surgeon General (OTSG) 
* internet information on the 7th Cavalry in Korea and the Bronze Star Medal
* DA Form 638 (Recommendation for Award) from his brother
* excerpt from Army Regulation 600-8-22 (Military Awards), paragraph 2-8
* newspaper article 


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 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 the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on
6 October 1949.  He served in Korea and completed 1 year, 2 months, and
4 days of foreign service.  

4.  He was discharged on 22 April 1953.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.  

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry “None.”  His name is not listed on the Korean Casualty Roster.

6.  His reconstructed record does not include orders awarding him the Purple Heart.  

7.  He provided an email, dated 3 November 2010, from his brother describing the incidents involving his injury in Korea.  His brother stated that the applicant’s arm got caught on the bumper of a jeep when it rolled over.  His arm was broken above the elbow.  The applicant was taken to the aid station behind the lines and he was rushed to a Swedish Hospital to the rear.  His arm and the upper part of his body were put in a cast.  The applicant was under treatment and in the hospital for 222 days.  
8.  He also provided an email from a former fellow Soldier who stated he was assigned to Battery B as a forward observer in August 1950.  During a lengthy retrograde move, the applicant broke his arm while he was on the hood of a jeep and caught his arm on the bumper.  

9.  He provided information from the Hospital Admission Cards Created by the OTSG which shows he was injured as the result of a traffic accident and does indicate enemy involvement.  

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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’s reconstructed record does not include orders which authorize him award of the Purple Heart.  His name is not listed on the Korean Casualty Roster and no medical documents are available which show he sustained an injury or wound as a result of hostile action in Korea.  

2.  The statements (emails) from his brother and a former fellow Soldier are acknowledged.  However, these statements alone are insufficient as a basis to grant him award of the Purple Heart in this case.  In any case, they show he was injured as a result of an accident and not as a result of enemy action.  

3.  In the absence of evidence to show he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.  Therefore, he is not entitled to award of the Purple Heart or correction of his DD Form 214 to show this award.

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)                                         AR20110000903





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ABCMR Record of Proceedings (cont)                                         AR20110000903



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