IN THE CASE OF:	  

		BOARD DATE:	  28 February 2012

		DOCKET NUMBER:  AR20110015789 


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:

* in June 1953, his out-post bunker in Korea took a direct hit

*	he was unconscious on and off and buried in the rubble through the night
*	he and another Soldier dug themselves out the next day and were taken to a "Mash" outfit
*	he had almost completely lost his hearing and had scratches and bruises

* he wants some tangible evidence of what he endured "above and beyond"
* he had malaria in Korea and was misdiagnosed by the Department of Veterans Affairs (VA) in Minneapolis in 1954 and almost died
* he suffered brain damage due to having a fever of 106.6
* he still has nightmares but not the physical "screamers"
* he is unable to discuss any of the incidents because he cannot remain composed

3.  The applicant provides:

* self-authored statements
* Standard Form 502 (Clinical Record Narrative Summary), dated 24 July 1954
* News article on the 1st Battalion/Royal Fusiliers
* 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 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 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 his 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.  This case is being considered using a reconstructed record, which primarily consists of his DD Form 214.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 2 February 1952.  This form also shows his most significant assignment was with Battery A, 235th Field Artillery Battalion, Fort Sill, OK.

4.  He completed 1 year, 10 month, and 2 days of active service, of which 1 year and 4 days was foreign service.  He was awarded or authorized the Korean Service Medal with two bronze service stars, National Defense Service Medal, Good Conduct Medal, United Nations Service Medal, and one Overseas Service Bar.

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces)  of his DD Form 214 shows "None."

6.  His name is not shown on the Korean Casualty Roster.
  
7.  The applicant provides statements about his service in Korea, a medical records extract showing he had malaria, and a news article describing how malaria affected Soldiers returning from Korea.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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:

	a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:  frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include an explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered.  

2.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that 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.  Notwithstanding his sincerity, in the absence of official documentary evidence to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which 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:

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)                                         AR20110015789



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ABCMR Record of Proceedings (cont)                                         AR20110015789



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