IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110003502 


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.

2.  The applicant states, in effect, he was wounded in Korea when an aircraft strafed his unit.  He checked a website and his DD Form 214 (Report of Separation from the Armed Forces of the United States) and discovered the award was not listed.  Out of curiosity, he contacted the medic who treated him and later received a sworn statement from him attesting to the injury and subsequent treatment he was provided by the medic.  

3.  The applicant provides a self-authored statement and a sworn statement from his former unit’s combat medic.

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 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.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he entered into active service from the Arkansas National Guard on 21 August 1950.  The applicant held military occupational specialty (MOS) 1844 (Field Artillery Chief).  He held the rank/grade of sergeant first class on the date of separation.  His most significant duty assignment during this period of active service was Battery A, 936th Field Artillery Battalion.  The applicant was credited with 11 months and  29 days of foreign and/or sea service.  The applicant was honorably released from active duty and transferred to the National Guard on 31 March 1952.  

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he received the Korean Service Medal with two bronze service stars.  There is no evidence he was awarded the Purple Heart.

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows “None.”

6.  There is no evidence in the available records or the documents provided by the applicant which shows he was either recommended for or awarded the Purple Heart.

7.  There is no evidence in the available records or the documents provided by the applicant that shows he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

8.  The applicant's name does not appear on the Korean Casualty Roster.
 
9.  The applicant provides a sworn statement from a former medic who claims to have been assigned in a temporary duty status to support the applicant’s unit.  The former medic states they were bivouacked, not in firing position, when a World War II Douglas A-26 strafed their company street with what appeared to be 50 caliber machine gun fire as well as light cannon.  He determined the 


applicant was injured from cannon fire.  He treated the applicant by removing an irregular piece of shrapnel then cleaned and bandaged the wound several times with no complications.

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 been treated by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of Purple Heart due to injuries he received during hostile action was carefully considered.

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.  The supporting statement he provided indicated he may have been injured when an American plane (not known to be used by the North Koreans) accidentally strafed their position.

3.  Regrettably, based on the foregoing there is insufficient evidence to grant the applicant's request for award of the Purple Heart.

4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  He and all Americans should be justifiably proud of his service in arms.

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)                                         AR20110003502



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ABCMR Record of Proceedings (cont)                                         AR20110003502



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