IN THE CASE OF:	  

		BOARD DATE:	    26 April 2012

		DOCKET NUMBER:  AR20110022368 


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, in effect, the Purple Heart (PH) be added to his       DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states, in effect,

* The PH was left off his DD Form 214 due to clerical error
* He thought he had been awarded the PH
* He gave of himself to this country 
* He saved his peers and buried those he could not save

3.  The applicant provides:

* A copy of his DD Form 214 for the period ending 20 August 1952 
* Eyewitness Statement
* Airborne Course Completion Certificate

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered using reconstructed records from the NPRC that includes the applicant's DD Form 214. 

3.  The NPRC file contains a copy of the applicant’s DD Form 214 for the period of service ending 20 August 1952.  This document shows on 22 March 1949, the applicant enlisted in the Regular Army.  He was honorably discharged on          20 August 1952.  

4.  The applicant’s DD Form 214 shows he was a member of the Medical Corps and his most significant assignment was Medical Company, 187th Airborne Infantry Regiment, APO 51.  It further shows he held and served in military occupational specialty (MOS) 73666 (Combat Medic).  

5.  The applicant's DD Form 214 contains the entry “None” in item 29 (Wounds Received as a Result of Action with Enemy Forces).

6.  His DD Form 214 shows he earned the following awards during his active duty tenure:

* Army of Occupation Medal - Japan
* Korean Service Medal with 5 bronze service stars and 1 bronze Arrowhead
* Combat Medical Badge
* Meritorious Unit Citation

7.  The PH is not listed on the DD Form 214 on file and there are no orders or other documents in the NPRC file that indicate the applicant was ever recommended for or awarded the PH during any of his active service.  There are also no medical treatment records confirming treatment for a wound received as a result of enemy action.


8.  Review of the Korean War casualty listing does not show the applicant's name as a casualty.

9.  The applicant provides a statement from a former service member indicating the applicant saved his life. 

10.  The applicant provides a copy of an Airborne Course Completion Certificate, dated 16 September 1949.

11.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to award a PH, there must be evidence verifying the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must be supported by medical treatment records that were made a matter of official record.  As with all personal decorations announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the PH to his DD Form 214 has been carefully considered.  However, there is insufficient evidence to support this request.  

2.  By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.  

3.  The available evidence fails to show the applicant was ever wounded as a result of enemy action or treated for a wound received as a result of enemy action while serving on active service.  The DD Form 214 on file contains the entry "None" in the appropriate item related to being wounded as a result of enemy action.  There are no medical treatment records in the applicant's NPRC file and he failed to provide any to show he was ever treated for a combat-related wound/injury by medical personnel.  Further, the file is void of orders or other corroborating evidence showing he was ever awarded the PH by proper authority while serving in Korea.  

4.  In addition, there is no entry pertaining to the applicant on the Korean War casualty listing.  Absent any evidence verifying the applicant's claim that he was wounded in action in Korea, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  

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)                                         AR20110018497



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ABCMR Record of Proceedings (cont)                                         AR20110022368



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