IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013950
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. He states he received a letter from the Army Board for Correction of Military Records (ABCMR) which shows the Purple Heart is awarded for wounds or injuries received as a direct result of hostile action. He was hit with shrapnel on the bridge of his nose by incoming rounds during a fire mission in September or October 1952.
3. He adds that a warrant officer said, [Applicants name] you are wounded do you want a Purple Heart? The applicant responded by asking if he would get to go home early; once he was told no, he said forget it, he did not want the award. Everything should have been documented and if it was, he would never know because of the fire in St. Louis. Now that he is in his golden years, it would be nice to have the Purple Heart because he deserves it on behalf of fighting for his country.
4. He provides 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 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 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 primary record available to this Board is the applicants DD Form 214.
3. The applicant's DD Form 214 shows he was inducted into the Army and entered active duty on 24 October 1951. He was honorably released from active duty on 12 August 1953 after completing 1 year, 9 months, and 19 days of net service. His DD Form 214 lists the following:
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - does not show the Purple Heart
* Item 29 (Wounds Received as a Result of Action with Enemy) - None
4. The applicant's name does not appear in the Korean War Casualty File for period 11 December 1951 through 5 May 1954 as being wounded in action.
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 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. He contends he is entitled to award of the Purple Heart for wounds received during the Korean War.
2. By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action; that the wound required treatment by medical personnel; and the medical treatment must have been made a matter of official record. There is no evidence and he has not provided sufficient evidence which shows he was wounded or treated for wounds due to hostile action.
3. The veracity of his claim that he was wounded while serving in the Korean War is not in question; however, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
4. As a result, there is insufficient evidence to grant the requested relief.
5. The applicant and all Americans should be justifiably proud of his service in arms and this action in no way diminishes the sacrifices made by him in service to our Nation.
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) AR20110013950
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ABCMR Record of Proceedings (cont) AR20110013950
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