IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110007810 


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 and Combat Infantryman Badge.

2.  The applicant states, in effect, his military service records should be reviewed to determine his eligibility for the awards.

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 military service 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, his separation orders and DD Form 214 offer sufficient documentation to constitute a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  Headquarters, 5044th Army Service Unit (ASU) Transfer Station, Camp Carson, Colorado, Special Orders Number 51, dated 23 April 1954, released the applicant from the 5044th ASU Transfer Station and honorably discharged him  from military service, effective 25 April 1954.  The orders show the applicant's military occupational specialty (MOS) as "1745, Infantry."

4.  The applicant's DD Form 214 shows he enlisted in the Regular Army on
12 April 1951 for a period of 3 years and he was honorably discharged on
25 April 1954 based on expiration of term of service.  He completed 3 years and 4 days of total active service that included 2 years, 5 months, and 24 days of foreign service.  It shows in:

   a.  item 4 (Component and Branch or Class):  Regular Army - Infantry;

   b.  item 5 (Qualifications - Specialty Number or Symbol):  "NA" [Not Applicable];

	c.  item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):  Korean Service Medal with
3 bronze service stars, United Nations Service Medal, National Defense Service Medal, and Army of Occupation Medal with Japan Clasp;

   d.  item 28 (Most Significant Duty Assignment):  Company E, 155th Infantry Regiment, Camp Atterbury, Indiana; and

   e.  item 29 (Wounds Received as a Result of Action with Enemy Forces):  "None."

5.  There are no orders or other evidence in the applicant's available military service records that shows he was awarded the Purple Heart or Combat Infantryman Badge.

6.  A review of the Korean Casualty Roster confirmed the applicant's name is not on the roster.


7.  Army Regulation 600-8-22 (Military Awards) provides the policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  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.

   b.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  More specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim to the Purple Heart was carefully considered.

   a.  In order to support awarding a member the Purple Heart, it is necessary to establish that the individual was wounded in action, the wound for which the award is being made required treatment by medical personnel, and the medical treatment for the wound or injury received in action must have been made a matter of official record.

	b.  There is no evidence in the applicant's available military service records to satisfy the strict requirements for award of the Purple Heart.  Specifically, there is no evidence he was wounded in action, there is no record of medical treatment nor is the applicant's name listed on the Korean Casualty Roster, and there is no evidence the applicant was awarded the Purple Heart.

   c.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart.

2.  The applicant's claim to the Combat Infantryman Badge was carefully considered.

   a.  Records show the applicant held an infantry MOS.  However, his unit of assignment in Korea cannot be determined from the available records.

   b.  The available records fail to show the applicant satisfactorily performed infantry duties while assigned to an infantry unit, that such unit was engaged in active ground combat, and that he actively participated in ground combat under hostile fire.  In addition, there are no orders or other evidence that shows he was awarded the Combat Infantryman Badge.

   c.  Thus, the evidence of record does not show the applicant met the strict requirements for award of the Combat Infantryman Badge.  Therefore, there is insufficient evidence to support the applicant's claim to the Combat Infantryman Badge.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant 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)                                         AR20110007810



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ABCMR Record of Proceedings (cont)                                         AR20110007810



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