IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110007997
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. He states:
a. from February to June 1953 he served on the front lines of Korea as a combat infantryman and
b. while defending numerous hills and outposts, he had several close calls with incoming enemy shells and mortars which affected his hearing, specifically:
* during the battle on Pork Chop Hill in March 1953 when his unit was shelled daily
* while assigned to Company B in the Ace Hill Valley during the Dale Outpost Battle in mid May 1953
3. He provides:
* self-authored statement
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* Department of Veterans Affairs (VA) Rating Decision, dated 12 February 2002
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 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 available records show he was inducted into the Army of the United States on 13 May 1952.
4. On 9 March 1954, he was discharged after serving a total of 1 year, 9 months, and 27 days of creditable active military service. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he was awarded the Korean Service Medal with two bronze service stars, National Defense Service Medal, Combat Infantryman Badge, and United Nations Service Medal.
5. The Korea casualty roster does not contain the applicant's name.
6. He submits two pages of his VA Rating Decision, dated 12 February 2002, which show he received a 50-percent service-connected disability rating for bilateral hearing loss, which is a chronic condition with permanency.
7. 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. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify an injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. He submits evidence which shows he incurred a 50-percent service-connected disability rating for hearing loss. However, there is no evidence of record and he did not submit any evidence that shows his hearing loss was the result of hostile action. Absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, he was treated by medical personnel for those wounds or injuries, and this treatment was made a matter of official record, there is an insufficient basis for awarding him the Purple Heart.
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 our Nation. 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.
ABCMR Record of Proceedings (cont) AR20110007997
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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