IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110016626
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 and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Purple Heart.
2. The applicant states he was wounded in Korea and was told he would get a Purple Heart for his wounds. He never received the Purple Heart and it is not shown on his DD Form 214.
3. The applicant provides his DD Form 214 and DA Form 493 (Separation Qualification Record).
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. 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 records were affected by the fire and many documents in his records were partially burned. However, there were sufficient legible documents available for the Board to conduct a fair and impartial review of this case.
3. The applicant's records show he was inducted into the Army of the United States on 5 March 1951 and he held military occupational specialty 1745 (Light Weapons Infantryman). He served in Korea while assigned to Company L, 5th Cavalry Regiment from on or about 12 August 1951 to 27 January 1952.
4. He was honorably released from active duty on 19 February 1953 and transferred to the Enlisted Reserve Corps. He completed 1 year, 11 months, and 15 days of creditable active service of which 1 year, 6 months, and 18 days were foreign service.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 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 records do not contain orders awarding him the Purple Heart.
8. His records contain a Standard Form 88 (Report of Medical Examination), dated 18 February 1953, completed for his separation physical. The examining physician did not list any noted abnormities on this form. His medical records are not available for review with this case.
9. His name is not shown in the Korean casualty file.
10. 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.
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 a 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 available 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. 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.
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) AR20110016626
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ABCMR Record of Proceedings (cont) AR20110016626
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