BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110014521
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 received shrapnel in his feet in June 1951, but a Purple Heart was never issued. The shrapnel was removed, but he still has scars. He is receiving 80-percent service-connected disability from the Department of Veterans Affairs (VA).
3. The applicant provides no additional evidence.
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's DD Form 214 shows he enlisted in the Regular Army on 25 February 1950 and he held military occupational specialty 1766 (Radio Operation Supervisor, High Speed).
4. He was honorably discharged from active duty in the temporary rank/grade of sergeant on 24 February 1953. He completed 3 years of creditable active service of which 10 months and 19 days were foreign service.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the United Nations Service Medal and the Korean Service Medal with one bronze service star. It does not show award of the Purple Heart.
6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."
7. His medical records are not available for review. His name is not shown in the Korean casualty file.
8. Army Regulation 600-8-22 (Military Awards) states 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.
9. Title 38, U.S. Code, sections 1110 and 1131, permits the VA to award compensation for disabilities which were incurred in or aggravated by active military service. The VA awards disability ratings to veterans for conditions it determines were incurred during military service and subsequently affect the individual's civilian employability. The VA may rate any service-connected impairment, including those that are detected after discharge, in order to compensate the individual for loss of civilian employability.
DISCUSSION AND CONCLUSIONS:
1. The criteria for the Purple Heart requires the submission of substantiating evidence to verify a Soldier received a wound/injury as the result of hostile action, the wound/injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. There is no evidence in the applicant's reconstructed records and he has not provided any evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record. Notwithstanding his sincerity, there is no basis for granting his request for award of the Purple Heart in the absence of documentary evidence.
3. A disability decision rendered by the VA does not establish entitlement to award of the Purple Heart as it does not show he was wounded as the result of enemy action or that he was treated for such wounds. The VA may award ratings because of a service-connected disability that affects the individual's civilian employability.
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. Nevertheless, 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.
___________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) AR20110014521
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110014521
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090017474
Counsel contends that the applicant's sworn statement is strongly corroborated by the VA medical record and the letter from the Chief, U.S. Army Center of Military History. However, the Board determined that the available evidence was insufficient to warrant relief because there was no evidence showing that the applicant had actually been wounded as a result of enemy action or that he had received any medical treatment at the time. Notwithstanding the staff DISCUSSION AND CONCLUSIONS...
ARMY | BCMR | CY2011 | 20110024091
Item 29 (Wounds Received as a Result of Action with Enemy Action), of his DD Form 214, shows the entry, "None" to indicate he was not wounded while he served in Korea. b. VA Form 8-564, dated 31 March 1955, which shows the examination at time of discharge from service showed scars of both buttocks with a recorded history of veteran having received wounds of the buttocks in Korea. By regulation, to be awarded the Purple Heart, it is necessary to establish that a Soldier was wounded or...
ARMY | BCMR | CY2008 | 20080017426
He also requests that Item 29 (Wounds Received as a Result of Action With Enemy Forces) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 9 September 1952 be corrected to show "shrapnel wound to left arm." VA Rating Decision, dated 10 September 2008, granted the applicant service connection for residuals of a shrapnel wound to his left arm as ordered by the BVA. In the absence of military records which show that the applicant was...
ARMY | BCMR | CY2012 | 20120006927
During the initial review of the applicant's case the Board determined there was insufficient evidence to confirm the applicant was entitled to award of the Purple Heart. The applicant provides a self-authored statement and a newspaper clipping indicating he received some shrapnel wounds in the leg and face as well as a VA Rating Decision which shows he received service connection for a post shrapnel injury to his right forearm. Army Regulation 600-8-22 (Military Awards) states the Purple...
ARMY | BCMR | CY2011 | 20110012139
IN THE CASE OF: BOARD DATE: 15 December 2011 DOCKET NUMBER: AR20110012139 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's military records are not available to the Board for review. There is no evidence in his reconstructed records and he did not provide any evidence that shows he was wounded or injured as a result of hostile action or treated for such wounds or that his treatment was made a matter of official record or that he was awarded the Purple Heart.
ARMY | BCMR | CY2001 | 2001054674C070420
The applicant requests that his military records be corrected to reflect award of the Purple Heart and POW (Prisoner of War) Medal. While the evidence clearly confirms the applicant was a POW and as such is entitled to the POW Medal there is insufficient evidence to confirm the applicant was wounded as a result of hostile action during the Korean War. The applicant admits that there is no medical evidence to substantiate his shrapnel wound and the statements submitted in support of his...
ARMY | BCMR | CY2011 | 20110016278
He provided Progress Notes, dated 28 November 2005 and 1 August 2007, from a VA physician which stated: a. the applicant was known to have old shrapnel wounds and he had some fragments of shrapnel in his body. However, this statement alone is insufficient as a basis to grant him award of the Purple Heart in this case. In the absence of evidence to show he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2014 | 20140015486
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. The applicant's DD Form 214 shows he was inducted into the Army of the United States and/or entered active duty on 26 October 1951.
ARMY | BCMR | CY2012 | 20120001438
IN THE CASE OF: BOARD DATE: 26 July 2012 DOCKET NUMBER: AR20120001438 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States. His record is void...
ARMY | BCMR | CY2012 | 20120008831
The applicant's complete military records are not available to the Board for review. In addition, his military record is void of any official Army documentation that shows he was wounded, his wounds were the result of hostile action, the wounds were treated by medical personnel, and such treatment was made a part of the official record. In the absence of evidence to show he was wounded or injured as a result of hostile action, treated for such wounds, or that the medical treatment was made...