IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110019324
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 was not awarded the Purple Heart for injuries sustained in combat in Korea.
3. The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and his Department of Veterans Affairs (VA) Rating Decision.
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 military records are not available 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 to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States in Minneapolis, Minnesota on 23 October 1952. He completed 1 year, 1 month, and 19 days of foreign service and he was honorably released from active duty in the rank of corporal at Fort Leonard Wood, Missouri on 28 August 1954. He had served 1 year, 10 months, and 6 days of active service.
4. His DD Form 214 issued at the time of his separation shows that he was awarded the Korean Service Medal with two bronze service stars, the Combat Infantryman Badge, the United Nations Service Medal, and the Good Conduct Medal. It also shows in block 29 (Wounds Received as a Result of Enemy Forces) the entry None.
5. A review of the available records failed to show any evidence of the FSM being awarded the Purple Heart. Additionally, there is no indication that he was treated for any wounds or injuries that qualified him for award of the Purple Heart.
6. Additionally, a review of the Korean War Casualty Listing failed to show that the applicant was reported as a casualty.
7. His VA Rating Decision notes that as a result of the lack of medical documentation, they were unable to relate his scar to his military service. However, as he had testified that he received his scar wounds as a result of defending against a Chinese attack while fighting in Korea the VA conceded that the incurred shrapnel wounds to his left elbow occurred during service.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was wounded in Korea is not in doubt, the evidence of record and the evidence submitted with his application are insufficient to support his contention.
2. The available records do not show the applicant was wounded or injured in Korea and the absence of records coupled with the passage of over 60 years makes it difficult at best to know what happened. While for VA purposes the VA conceded his scars were incurred while fighting against the Chinese, their decision is insufficient grounds for granting him award of the Purple Heart. Therefore absent such evidence there appears to be no basis to award him the Purple Heart at this time.
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) AR20110019324
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110019324
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080005267
In the statement, a former service member of the applicant's unit stated, in effect, the applicant was slightly wounded on the left cheek by sniper fire for which he sought no medical attention. The witness also stated, in effect, that in November 1952, Company F, his unit, moved out in a fighting withdrawal, the Chinese were shelling them with mortars, and the applicant was struck in the left knee. There is no evidence of record, and the applicant has provided insufficient evidence, which...
ARMY | BCMR | CY2010 | 20100019735
There are no orders or other evidence in the applicant's military service records that shows he was awarded the Purple Heart. There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge. In addition, there are no orders or other evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge.
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 | CY2010 | 20100013759
The applicant's military records are not available to the Board for review. The evidence of record shows he was ambushed while on patrol with his squad, was wounded, and was captured on 22 July 1952 in Korea. However, in the absence of sufficient evidence to confirm the applicant was wounded a second or third time in separate incidents as a result of hostile action in Korea, whether on 12 December 1953 or on 23 July 1952, there is, regrettably, insufficient evidence for granting additional...
ARMY | BCMR | CY2007 | 20070017220
Counsel states that service medical records verify the applicant was wounded in action. The applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on 29 November 1950 and the Purple Heart with First Oak Leaf Cluster for wounds received on 30 November 1950; b. adding the Purple Heart with First Oak Leaf...
ARMY | BCMR | CY2011 | 20110014710
The applicant requests correction of his DD Form 214 to show the Purple Heart. In the absence of orders or other corroborating evidence, the newspaper articles provided by the applicant alone are not sufficient as a basis for adding the Purple Heart to his DD Form 214. Evidence shows he was a POW in Korea; therefore, his DD Form 214 should be corrected to show the POW Medal.
ARMY | BCMR | CY2001 | 2001055275C070420
The applicant states, in effect, that he was in the 7 th Infantry Division during the Korean War and suffered severe frostbite to both feet during the period 15 November 1950 to 15 December 1950. When war broke in Korea, the division initially was kept in Japan as part of the Far East Command General Reserve and men from the division were used to fill under-strength units already in Korea. That all of the Department of the Army records related to this case be corrected by issuing to the...
ARMY | BCMR | CY2007 | 20070002318
The applicant requested correction of his records to show award of the Bronze Star Medal. The applicant DD Form 214, dated 13 August 1952, shows the applicant was wounded on 29 November 1950, while serving in Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart, 1st Oak Leaf Cluster, for wounds received on 29 November 1950; the Republic of Korea-Korean War Service Medal; and...
ARMY | BCMR | CY2010 | 20100013322
The evidence of record shows he was awarded a posthumous Purple Heart after having been reported KIA. The evidence of record shows the applicant was captured on 3 December 1950 in Korea and he was released on 14 August 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 3 December 1950 and adding it to his DD Form 214; and b. adding to item 38 of his DD...
ARMY | BCMR | CY2009 | 20090005756
The applicant provides various documentary evidence that he contends show his entitlement to award of Purple Heart based upon wounds he sustained on 24 April 1953. Item 28 (Wounds) of this form shows that during his capture, the applicant sustained wounds to his head resulting from artillery fire and to his legs resulting from grenades. This record shows the applicant was a former prisoner of enemy forces.