IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110014370 


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 was in Korea when a plane dropped rockets near his vicinity.  The explosion caused him to receive a concussion, a dazed feeling, a bloody nose, and permanent ringing in his ears.  He is not sure whether he filled out a combat injury form.  The ringing in his ears will not stop.

3.  The applicant provides:

* self-authored statement
* WD AGO Form 24A (Service Record) 
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* Military Personnel Records Center Form 1-619 (Certificate for Examination of Military Personnel Records on File in Military Personnel Records Center)
* two orders for the Bronze Star Medal
* DA Form 20 (Soldier's Qualification Card)
* National Military Establishment Form Number 4 (Enlistment Record – U.S. Army)
* DD Form 334c (Cross Reference Sheet)
* Eighth U.S. Army-Korea Circular Number 45



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 complete 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 the applicant's 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.  The applicant enlisted in the Regular Army on 25 January 1949.  He was honorably discharged on 25 June 1952.

4.  His DD Form 214 shows he completed 3 years, 4 months, and 28 days of creditable active military service, of which 2 years, 7 months, and 1 day was foreign service.  The highest rank/grade he attained while serving on active duty was corporal/E-4.  He held specialty 4745 (Light Weapons Infantryman) at the time of his separation.  His most significant duty assignment (i.e., last duty assignment) was with Company A, 526th Armored Infantry Battalion.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army of Occupation Medal (Japan)
* Combat Infantryman Badge
* Bronze Star Medal (1st Oak Leaf Cluster)
* one overseas service bar
* Korean Service Medal with three bronze service stars
* Distinguished Unit Emblem

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "none."

7.  Section 8 (Wounds Received Through Enemy Action) of his WD AGO 
Form 24A contains no entry.

8.  The applicant's name is not shown in the Korean Casualty File.

9.  The applicant provides a copy of his military service records.  His records do not contain orders awarding him the Purple Heart.  Additionally, his medical records are not available for review with this case.

10.  His records contain a Department of Veteran Affairs Form 21-4138 (Statement in Support of Claim) in which he stated he was taking a hill when an Air Force plane fired two rockets at his area.  He further states there was no marker in place to identify friendly troops due to combat conditions.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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 award of the Purple Heart was carefully considered and it was determined that there is insufficient evidence to support his request.

2.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.  Regrettably, based on the foregoing there is insufficient evidence to award him the Purple Heart.



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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  This action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20110014370



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ABCMR Record of Proceedings (cont)                                         AR20110014370



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