IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110015104
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 to add the Purple Heart to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. He states his Department of Veterans Affairs (VA) Eligibility Card shows that he was awarded the Purple Heart. The medal was awarded for trying to save another Soldier who burned to death during a barracks fire at Camp McKill, Yokusuka, Japan.
3. He adds that it may be possible that he was awarded a different medal in place of the Purple Heart, but he is not sure.
4. He provides:
* Two DD Forms 214
* A VA Eligibility Card
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. He provided a DD Form 214 for the period ending 19 April 1950 which shows he enlisted in the Regular Army on 29 January 1947 for a period of 3 years.
3. The second DD Form 214 he provided shows he reenlisted on 20 April 1950 for 6 years. On 18 May 1955, he was honorably discharged after completing
8 years and 1 month of total net service. This form 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. His record is absent of orders awarding him the Purple Heart.
6. He also provided a copy of his VA Eligibility Card which states service-connected Purple Heart.
7. 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 may have been awarded the Purple Heart for attempting to save another Soldier during a barracks fire in Japan. He also states that his VA Eligibility Card shows he was awarded the Purple Heart.
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 injured during a barracks fire is not in question or that his VA Eligibility Card shows he has a service-connected Purple Heart; 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.
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) AR20110015104
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110015104
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