IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110011437
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 qualifies for the Purple Heart under the new criteria announced in the media
* the criteria includes various injuries especially to the head that occurred in combat situations
* he served in Korea in combat operations from March 1953 to July 1953
* he was around artillery and mortar blasts
* upon returning from service, he noticed the hearing loss but didn't do anything about it until it got progressively worse
* he receives disability for hearing and tinnitus/vertigo
3. The applicant provides:
* documentation, dated 25 March 2008, 6 October 2009, and 4 May 2011, from the Department of Veterans Affairs (DVA)
* letter, dated 18 March 2011, from the applicant to the Veterans Service Center in Chicago, IL
* VA Form 21-4138 (DVA Statement in Support of Claim)
* Documentation on vertigo
* Unit history information
* Letter of commendation, dated 18 June 1953
* 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 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. The applicants military 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 the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he was inducted into the Army of the United States on 6 August 1952. He served in Korea and he was honorably released from active duty on 22 June 1954.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry "NA" [not applicable].
5. There are no orders for the Purple Heart in the available records.
6. His name does not appear on the Korean casualty roster.
7. He provided DVA documentation, dated 25 March 2008, which shows he was granted service connection for tinnitus (10 percent). Service connection for vertigo was denied.
8. 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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. His contentions were noted. However, the governing regulation states the Purple Heart is awarded for a wound sustained as a result of hostile action.
2. There are no orders for the Purple Heart in the available records. There is also no evidence in his reconstructed records and he did not provide any corroborating evidence that shows he was wounded or injured as a result of hostile action in Korea. Regrettably, there is insufficient evidence to support 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:
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) AR20110011437
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ABCMR Record of Proceedings (cont) AR20110011437
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