IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110006670
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 to be awarded the Purple Heart.
2. The applicant states he was blown out of a foxhole by an enemy mortar round in Korea in the summer of 1951. He further states he received shrapnel wounds and was treated in the field and released. He never received the Purple Heart.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed 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. He was inducted into the Army of the United States on 24 November 1950 and completed training as a heavy mortar infantryman. He completed 10 months and 24 days of foreign service and he was honorably released from active duty (REFRAD) at Fort Knox, Kentucky, on 25 August 1952.
4. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Combat Infantryman Badge, Korean Service Medal with one bronze service star, and United Nations Service Medal. It reflects the entry "None" in block 29 (Wounds Received as a Result of Actions with Enemy Forces).
5. The applicant's final Standard Form 88 (Report of Medical Examination), dated 21 August 1952, makes no mention of any wounds or injuries. His name is not contained on the Korea Casualty Listing.
6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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. While the sincerity of the applicant's claim that he was wounded as a result of enemy action is not in doubt, he failed to show through the evidence of record and the evidence submitted with his application that such was the case.
2. The available records failed to show any evidence the applicant was wounded or that treatment for such wounds was made a matter of record.
3. In the absence of such evidence, there appears to be no basis to award him the Purple Heart at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Korean War. The applicant and all Americans should be justifiably proud of his service in arms.
__________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.
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