IN THE CASE OF:
BOARD DATE: 3 May 2012
DOCKET NUMBER: AR20110020587
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. He states, in effect:
* he should be awarded the Purple Heart for injuries sustained in 1953
* he was shot in the right side of his mouth while manning and firing a
30 millimeter machine-gun
* medical personnel treated him and later he was treated at a mobile Army surgical hospital
* he was assigned in a no duty status for 3 months
3. He provides:
* Certificate of Military Service
* three pages of pictures of Soldiers
* a picture of the U.S. Naval Ship Marine Lynx
* a postcard
* a certificate for the Domain of the Golden Dragon
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 complete 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 that the applicants 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's certificate of military service shows he enlisted in the Regular Army on 4 November 1952 and served until he was discharged on 4 November 1955.
4. The Korea casualty roster does not contain the applicant's name.
5. He submitted:
a. three pages of pictures of Soldiers; the applicant states he is the Soldier with the patch over his left eye;
b. a postcard that states this is the ship they came over on;
c. a picture of the U.S. Naval Ship Marine Lynx; and
d. a certificate presented to him stating that on 6 May 1953 he was initiated into the Mystic Order of the Golden Dragon for being on the U.S. Naval Ship Marine Lynx when it crossed the 180th Meridian.
6. 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 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 applicant's contention that his record should be corrected to show award of the Purple Heart was carefully considered.
2. The sincerity of the applicant's contention is not in question. However, there is no evidence in the available record and the applicant has not provided sufficient evidence that shows he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action. Therefore, there is an insufficient evidentiary basis for awarding him the Purple Heart or amending his DD Form 214 to show he sustained a wound as the result of hostile action.
3. 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 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) AR20110020587
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110020587
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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