IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110008328
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 he should have received the Purple Heart for an injury that he sustained in Korea.
3. The applicant provides:
* a note from the 1st Battalion Aid Station
* his DD Form 214 (Report of Separation from the Armed Forces of the United States of America)
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, 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. His 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 his records may have been lost or destroyed in that fire. The only documents available in this case are the documents submitted by the applicant.
3. He was inducted into the Army of the United States and entered active duty on 9 February 1951. He completed the training requirements and he was awarded military occupational specialty 1745 (Light Weapons Infantryman). He completed 6 months and 3 days of foreign and/or sea service.
4. On 2 February 1953, he was released from active duty and issued a DD Form 214 for this period of service:
a. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry: None.
b. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or is authorized the:
* Korean Service Medal with one bronze service star
* Combat Infantryman Badge
* United Nations Service Medal
5. His name is not listed on the Korean War Casualty Roster.
6. The note from the 1st Battalion Aid Station, dated 17 November 1952, stated he was to be placed on light duty for a few days with no excessive use of his right arm and back. However, there is no indication of what type of injury he received or that it was a result of action with enemy forces.
7. Army Regulation 600-8-22 (Military Awards) states, the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 214 does not show he was wounded as a result of action with enemy forces. The note from the 1st Battalion Aid Station does not indicate his injury was incurred as a result of action with the enemy.
2. In the absence of military records which show he was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
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 that 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 that this action in no way diminishes the sacrifices made by her husband in service to our Nation. The applicant and all Americans should be justifiably proud of her husband's 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) AR20110008328
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ABCMR Record of Proceedings (cont) AR20110008328
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