IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110003519
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 he be awarded the Purple Heart.
2. The applicant states, in effect, that he was wounded in combat in Korea.
3. The applicant provides a Department of Veterans Affairs (VA) rating decision; a letter from the U.S. Army Reserve Personnel Center dated 11 April 1991; his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and a historical extract from a hometown newspaper.
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 applicants military records show that he enlisted in the Regular Army on 31 March 1950, was awarded the military occupational specialty of light weapons infantryman, served in Korea, and was promoted to pay grade E-5.
3. In an undated evaluation given when the applicant was a corporal, he reported that he spent 10 months in Korea where he served as a gunner and squad leader of a 57mm rifle squad. He continued that he was wounded in the leg but refused to be evacuated because there were only 27 officers and enlisted men left in his company and he felt that he was needed.
4. On 5 December 1956, he was given a separation physical examination. In that examination the applicant stated he had bad tonsils, tonsolitus attacks, and bad malaria. The examining physician only noted the applicant's malaria (jaundice), foot trouble (flat feet), and occasional chest pain. The physician added "No other serious illness or injury while in service."
5. He was honorably discharged on 21 February 1957. Item 27 of his DD Form 214, Wounds received as a result of action with enemy forces, has "None" entered.
6. The VA rating decision submitted by the applicant shows he was awarded zero percent disability ratings for shell fragment wound scars to both his right and left legs. The hometown newspaper extract shows that the applicant was wounded in the leg and suffered frozen feet according to a letter received from Korea.
7. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no treatment records for any wounds in the applicant's records and his DD Form 214 states he did not have any wounds. Without evidence that he was treated for wounds, there is insufficient basis to grant his request.
2. It would appear from the applicant's statement in his undated evaluation that he treated his own wounds and kept performing his duties. While this is commendable, it would mean no medical records were generated for any wound. The regulation is specific that a wound must be treated and that treatment must be made a matter of official record in order to be awarded the Purple Heart.
3. In view of the foregoing, there is no basis for granting the applicants request.
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) AR20110003519
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110003519
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090001996
The fact that the applicant provided two newspaper articles in which one stated that he was awarded the Bronze Star Medal with V device while the other article added that he was pained by shrapnel wounds in both legs and was awarded the Combat Infantryman Badge, the Purple Heart and a Silver Star are not sufficient evidence on which to add award of the Purple Heart and/or the Silver Star to his DD Form 214. The newspaper articles, in the absence of supporting medical evidence, are not...
ARMY | BCMR | CY2005 | 20050017650C070206
The applicant requests, in effect, that his records be corrected to show the award of the Purple Heart. Evidence of records show that the applicant is entitled to the award of the ROK-KWSM. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2012 | 20120023003
The FSM's military record is not available to the Board for review. The FSM's WD AGO Form 55 (Honorable Discharge from the Army of the United States) shows he enlisted in the Regular Army on 22 December 1941. She provides a handwritten synopsis of the FSM's military service apparently written by a representative of the Red Cross that indicates he: * served 5 months of duty in Australia * was transferred to New Guinea * performed front line duty in the medical department at Buna *...
ARMY | BCMR | CY2014 | 20140016983
The applicant states: * his injury was never acknowledged * his injury was never documented due to being in combat and if it were, he is unable to verify it because his records were destroyed in a fire at the National Personnel Records Center 3. The applicant provides: * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 17 September 2014 * DD Form 214 for the period ending 21 April 1952 * DD Forms 214 (Armed Forces of the United States Report of...
ARMY | BCMR | CY2014 | 20140001567
The applicant requests award of the Purple Heart and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to add any additional awards to which he is entitled. When he returned to his unit he was able to take several photographs. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.
ARMY | BCMR | CY2010 | 20100022189
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show awards of the Purple Heart and Silver Star. There is no evidence in the reconstructed records that shows the applicant was awarded the Silver Star. Additionally, there is no evidence in his reconstructed records and he did not provide any conclusive evidence that shows he was wounded or injured as a result of hostile action, that he was treated for...
ARMY | BCMR | CY2013 | 20130011748
The applicant's complete military records are not available for review. The applicant' record contains a DD Form 214 (Report of Separation from the Armed Forces of the United States) which shows that he was inducted into the Army of the United States on 20 November 1951. Absent evidence that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a...
ARMY | BCMR | CY2013 | 20130003690
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show a second Purple Heart. An undated newspaper article from an unknown source which appears to be a Hometown News Service release and which states the applicant: * left California for Vietnam on 18 October 1968 * was seriously wounded in Vietnam on 11 May 1969 * received emergency treatment in Vietnam and he was flown to Japan where he went through two major operations within the past week * was...
ARMY | BCMR | CY2012 | 20120006927
During the initial review of the applicant's case the Board determined there was insufficient evidence to confirm the applicant was entitled to award of the Purple Heart. The applicant provides a self-authored statement and a newspaper clipping indicating he received some shrapnel wounds in the leg and face as well as a VA Rating Decision which shows he received service connection for a post shrapnel injury to his right forearm. Army Regulation 600-8-22 (Military Awards) states the Purple...
ARMY | BCMR | CY2008 | 20080009332
The applicant states, in effect, that the FSMs records should be corrected to show he was wounded in action and that he should be awarded the Purple Heart. The applicant claims that the FSM records should be corrected to show he was wounded in action and that he was awarded the Purple Heart; however, she has provided no evidence that the FSM was wounded as a result of enemy activity. The Board considered the magazine article presented by the applicant which indicates that the FSM was...