IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110016874
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 that he be awarded the Purple Heart.
2. The applicant states that he believes that he qualifies for award of the Purple Heart under current standards. He goes on to state that the new rules are much broader now than they were when he was in combat in Korea in regards to loss of consciousness, memory and dizziness.
3. The applicant provides a copy of an article from the Veterans of Foreign Wars magazine, a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), a copy of a certificate defining his combat time, a copy of his Department of Veterans Affairs (VA) Rating Decision, a letter addressed to the VA describing his injury, and two third party statements regarding his injury.
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 applicants military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC 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 to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army in Dallas, Texas on 8 June 1949 for a period of 3 years. He completed his training as a field wireman and he served 11 months and 19 days of foreign service and participated in five campaigns while in Korea.
4. On 21 August 1952 he was honorably discharged at Fort Sill, Oklahoma in the rank of sergeant. He had served 3 years, 2 months and 14 days of active service and his DD Form 214 issued at the time of his discharge contains the entry None in block 29 (Wounds Received as a Result of Action with Enemy Forces).
5. A review of the Korean War Casualty File failed to show that the applicant was reported as a battle casualty. Additionally, there is no evidence in the available records to show that he was injured as a result of enemy action and that treatment for such injuries were made a matter of record.
6. A review of the statement submitted by the applicant with his application that he submitted to the VA in support of his disability claim shows that the applicant was injured when his left climbing spur gave way while he was up a telephone pole stringing commo wire and he fell 25 feet to the ground. He visited the battalion aid station and layed around the battalion area for a couple of days recuperating.
7. Army Regulation 600-8-22 (Military Awards) states 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.
8. Army Regulation 600-8-22 also states that when contemplating an award of the Purple Heart the key issue commanders must take into consideration is the degree to which the enemy caused the injury. The Purple Heart is authorized when individuals are wounded/injured as a direct result of enemy action.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be awarded the Purple Heart for injuries sustained when he fell off a telephone pole while stringing commo wire has been noted and appears to lack merit.
2. The available records do not contain and the applicant has not provided sufficient evidence to show that he was injured as a result of enemy action and that treatment for his injuries were made a matter of record.
3. Unfortunately, the lack of records and the passage of 50+ years makes it difficult at best to verify what happened in the applicants case.
4. Therefore, in the absence of evidence to show otherwise, it must be presumed that he was not authorized the award of the Purple Heart either under the standards in effect at the time or the current standards.
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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the
United States during the Korean War. 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) AR20110016874
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ABCMR Record of Proceedings (cont) AR20110016874
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