IN THE CASE OF:
BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110008067
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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he served 2 years, 4 months, and 25 days of net service instead of 2 years, 2 months, and 2 days.
2. He states he entered active duty (AD) on 11 December 1951 and was discharged on 5 May 1954. He also spent 1 month in a hospital in Korea and had to have surgery on his knee. During a patrol, he came under enemy fire which hit the radio he was carrying on his back. When the bullets hit his radio, the impact caused him to fall and injure his knee and he should have been awarded the Purple Heart.
3. He provides a copy of his DD Form 214.
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 service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973. The records available to the ABCMR were provided by the applicant. The only record available to this Board is the applicant's DD Form 214.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army and entered AD on 11 December 1951 and he was honorably discharged on 5 May 1954, a period of 2 years, 4 months, and 25 days of service. His DD Form 214 contains the following entries:
a. Item 22 (Net Service Completed for Pay Purposes This Period) shows 2 years, 2 months, and 2 days.
b. Item 24 (Total Net Service Completed for Pay Purposes) shows 2 years, 2 months, and 2 days.
c. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart.
d. Item 29 (Wounds Received as a Result of Action with Enemy) contains the entry "None."
e. Item 38 (Remarks) appears to show that item 22 was adjusted for lost time under the Manual for Courts-Martial (MCM) 1951 Edition.
4. The applicant's name does not appear in the Korean War Casualty File as being wounded in action for period 11 December 1951 through 5 May 1954.
5. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 medical treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered AD on 11 December 1951 and was honorably discharged on 5 May 1954. However, item 22 of his DD Form 214 shows an adjustment was made due to lost time under the MCM. As such, there is no way to determine how many days of service may be incorrectly shown, if any, and it is presumed that this information was correctly completed at the time of his discharge.
2. The applicant contends that he is entitled to award of the Purple Heart for wounds received in Korea.
3. There is no evidence in the available record and the applicant has not provided sufficient evidence that shows he was wounded or treated for wounds due to hostile action.
4. Absent corroborating evidence, there is an insufficient basis for award of the Purple Heart.
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 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) AR20110008067
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