IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110005844


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 he did not receive a Purple Heart after receiving shrapnel a wound to his head during combat.

3.  The applicant provides copies of:

* Photographs of an individual who he identifies as himself
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* A Public Voucher for Purchases and Services Other Than Personal
* A newspaper article entitled “Rules change for Purple Hearts”

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) fire in 1972.  It is believed the applicant's records were lost or destroyed in that fire.  However, sufficient evidence was available to conduct a fair and impartial review of this case.

3.  He was inducted into the Army on 19 September 1951.  

4.  The applicant was honorably released from active duty prior to the expiration of his term of service on 18 June 1953.  He was transferred to the U.S. Army Reserve to complete his service obligation.

5.  The DD Form 214 he received shows the following awards:

* Combat Infantryman Badge
* Korean Service Medal with two bronze service stars
* United Nations Service Medal

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows an entry of “None.”

7.  Information obtained from Hospital Admission Cards created by the Office of The Surgeon General shows that on 29 October 1952 the applicant was in Korea when he was treated for a fracture to his metacarpal bones and phalanges.  The reduction of fracture was closed without traction.  The Hospital Admission Cards show that the injury occurred while performing assigned duties.  He was not evacuated and he remained in the hospital infirmary for 9 days.  The Surgeon General Office File Code is shown as 02 – 20 percent non-battle morbidity.

8.  A review of the available records fails to reveal evidence that the applicant sustained a fragment wound to his head while he was in Korea.

9.  The applicant submits a Public Voucher for Purchases and Services Other Than Personal shows he was due combat duty pay for February 1953 in the amount of $45.00.  He also submits a newspaper article stating how rules had changed for awarding the Purple Heart to individuals with concussions.

10.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing the hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 contentions have been noted.  His supporting evidence has been considered.

2.  Although the available evidence shows he sustained a fracture to his metacarpal bones and phalanges, there is no evidence in the available evidence showing he sustained a fragment wound to his head while he was in Korea. 

3.  The evidence shows that the fracture occurred while performing assigned duties.  It does not show that his injury was incurred while in action against an enemy or as a result of hostile action.

4.  The available evidence does not support his contention that he is authorized the award of the Purple Heart.  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 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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20110005844



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