IN THE CASE OF:	  

		BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110008535 


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 he should have been awarded the Combat Infantryman Badge for his combat service in Korea.  He further states he should have received the Purple Heart for injuries sustained to his legs, hands, and arms. 

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 records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) 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 DD Form 214 shows he was inducted into the Army of the United States on 8 December 1952.  The applicant held military occupational specialty (MOS) 1729 (Antitank Mine Platoon and Squad Sergeant).  His branch was Corps of Engineers.  He held the rank of corporal on the date of separation.  His most significant duty assignment during this period of active service was Company A, 13th Engineer Combat Battalion.  The applicant was credited with 1 year, 4 months, and 17 days of foreign and/or sea service.  The applicant was honorably released from active military service on 26 October 1954 and transferred to the U.S. Army Reserve.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he received the Korean Service Medal with one bronze service star, Meritorious Unit Commendation, National Defense Service Medal, and United Nations Service Medal.  There is no evidence he was awarded the Purple Heart or the Combat Infantryman Badge.

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 shows “None.”

6.  There is no evidence in the available records and the applicant did not provide any evidence which shows he was either recommended for or awarded the Purple Heart or Combat Infantryman Badge.

7.  There is no evidence in the available records and the applicant did not provide any evidence which shows he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

8.  The applicant's name does not appear on the Korean Casualty Roster.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 been treated by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 also provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart was carefully considered.  Regrettably, there is no evidence in the available records and the applicant has not provided sufficient evidence which shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.  Based on the foregoing there is insufficient evidence to grant the applicant's request for award of the Purple Heart.

2.  His claim of entitlement to the Combat Infantryman Badge was also carefully considered.  However, by regulation, in order to qualify for award of the Combat Infantryman Badge there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  In this case, there is no evidence he met any of the three qualifying factors for the Combat Infantryman Badge.  Therefore, there is insufficient evidence to grant his request for award of the Combat Infantryman Badge.

3.  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)                                         AR20110008535



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ABCMR Record of Proceedings (cont)                                         AR20110008535



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