IN THE CASE OF:	  

		BOARD DATE:  1 May 2012

		DOCKET NUMBER:  AR20110022311 


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 Silver Star.

2.  The applicant states:

* he was wounded in Korea on 29 September 1951 and he was recommended for the two awards
* he never received either award, although he had his company commander's recommendation for the awards
* he was wounded during the fight for Old Baldy on Hill 487 and his commander (Captain (CPT) L____ P. P____, now Major (MAJ) (Retired)), Company B, 1st Battalion, 15th Infantry, recommended him for the Silver Star
* his former commander constantly advanced the Silver Star recommendation for him until 2005

3.  The applicant provides:

* statement from MAJ (Retired) L___ P. P____
* 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 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.  It is believed that 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.

3.  The applicant's DD Form 214 shows he was called from inactive duty to active duty for a period of 21 months in Omaha, NE on 8 July 1951.  It also shows he previously completed 2 years, 10 months, and 28 days of service.

4.  His DD Form 214 shows he held an infantry specialty at the time of his separation and that his most significant duty assignment (i.e., last duty assignment) was with Company A, 15th Infantry, Korea.

5.  His DD Form 214 shows he completed 1 year and 7 months of active service during this period of which 11 months and 3 days was foreign service.

6.  He underwent a separation physical on 19 January 1953.  He indicated he had a scar on his right wrist.  The medical doctor noted the following conditions:

* painful right knee since injury in October 1951 in Korea
* frequent headaches, sinusitis, colds, sore throat
* occasional leg cramps
* dental issues
* indigestion
* left hernia repair

7.  He was honorably released from active duty on 7 February 1953 and transferred to the Enlisted Reserve Corps.

8.  His DD Form 214 shows he was awarded or authorized the Korean Service Medal with two bronze service stars, United Nations Service Medal, and Combat Infantryman Badge.

9.  His DD Form 214 shows the entry "None" for wounds received as a result of action with enemy forces.

10.  His reconstructed records do not contain orders awarding him the Purple Heart or a recommendation for award of the Silver Star.

11.  His name is not shown in the Korean Casualty File.

12.  He provides a statement from MAJ (Retired) L____ P. P____ who states the applicant was recommended for award of the Silver Star for the actions that occurred in the Fall of 1951 due to the applicant's display of gallantry above and beyond the call of duty while aiding Company B's evacuation after their position was overrun by enemy forces.

13.  In September 2002, the U.S. Army Human Resources Command Awards Board disapproved award of the Silver Star to the applicant.

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Purple Heart:

	a.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The only available evidence related to an injury in Korea is stated in his separation physical.  He appears to have injured his right knee in Korea in 1951. 
However, there is no evidence that this injury was caused by the enemy or that it required treatment and the treatment was made a matter of official record.

	c.  His service record is void of any orders that show he was awarded the Purple Heart, his name is shown on the Korea Casualty Roster, and his complete medical records are not available for review with this case.

	d.  In the absence of additional documentary evidence that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

2.  With respect to the Silver Star:

	a.  The third highest award for valor is the Silver Star, which requires gallantry in action against the enemy.  The gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.

	b.  The ABCMR acknowledges and applauds the applicant's service in Korea. 
However, he provides insufficient evidence that would warrant approving award of the Silver Star.

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)                                         AR20110022311



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ABCMR Record of Proceedings (cont)                                         AR20110022311



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