IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110008210
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, in effect, he was wounded on Heart Break Ridge, but he did not think it was important enough to mention after seeing his friends shot and killed.
3. The applicant provides a self-authored statement, a copy of his DD Form 214 (Report of Transfer of Discharge), and a DA Form 493 (Separation Qualification Record)
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 applicants 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, and has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military record is 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 applicants record was lost or destroyed in that fire. However, there are sufficient documents remaining in a reconstructed record and provided by the applicant to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States and he entered active service on 29 March 1951. He held military occupational specialty 1500 (recreation supervisor). The highest rank he attained while serving on active duty was master sergeant (MSGT) (Temporary).
4. He was honorably released from active duty on 28 December 1952 and he was transferred to the Enlisted Reserve Corps to complete his remaining Reserve obligation. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.
5. There is no evidence in the available record showing he was awarded the Purple Heart.
6. There is no evidence in the available record showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
7. The applicant's self-authored statement indicates that while making an assault on Heart Break Ridge a bullet grazed his upper lip just missing his nose. The applicant noticed he was bleeding from the wound on his lip but did not think his wound was important enough to mention after seeing his friends get shot and killed or seriously wounded.
8. Army Regulation 600-8-22 (Military Awards) provides that 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 request for the Purple Heart has been carefully considered. However, there is insufficient evidence in the available record and the applicant
has not provided any evidence to show he was injured as a result of hostile action, he was treated for the injuries sustained, and medical treatment was made a matter of official records.
2. Unfortunately, there are no medical records available to justify the awarding the applicant the Purple Heart. In the absence of evidence to the contrary, administrative regularity is presumed in the applicant's case.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
4. 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) AR20110008210
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ABCMR Record of Proceedings (cont) AR20110008210
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