IN THE CASE OF:	  

		BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110022949 


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.  The applicant states:

* the records do not note that there was a big explosion while burning the trash and his fingertips were blown off, they were not amputated
* the company commander stated the explosion was a result of a booby trap
* he was told at the time that although he was in the hospital, the Army would award him the medal
* he has seen many Soldiers honored with the Purple Heart over the years while he is still waiting for his

3.  The applicant provides no additional evidence.

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 (Report of Separation from the Armed Forces of the United States) shows he reenlisted in the Regular Army for 6 years on 11 March 1953.  This form also shows he held military occupational specialty 1641 (Field Wire Specialist) at the time of separation and that his most significant duty assignment (i.e., last duty assignment) was with Company A, 314th Signal Construction Battalion.

4.  His DD Form 214 further shows he completed 9 months and 10 days of active service with 9 days of lost time during this period and he previously served 2 years, 2 months, and 21 days of other service.  He was discharged from the Army under honorable conditions on 5 March 1954. 

5.  His DD Form 214 shows he was awarded or authorized the Korean Service Medal with one bronze service star, United Nations Service Medal, and National Defense Service Medal.

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

7.  His reconstructed records do not contain orders awarding him the Purple Heart.  Additionally, his name is not shown in the Korean casualty file.

8.  His reconstructed records contain multiple medical documents related to an accident that occurred in Korea on 18 January 1952 as follows:

	a.  A DD Form 261 (Report of Investigation – Line of Duty and Misconduct Status) shows he was assigned to Headquarters Battery, 96th Field Artillery Battalion, Korea, when a small explosion occurred at Worun-ni, Korea, on 18 January 1952.  He was supposedly burning trash in or near the tent when the accident occurred.  His medical diagnosis is shown as "amputation, traumatic, partial right thumb and index finger."  His injury was determined to be in the line of duty and not due to his misconduct.

	b.  Multiple records of treatment at the 121st Evacuation Hospital, Korea; 382nd General Hospital, Japan; and Letterman Army Hospital, Presidio of San Francisco, California, related to his accident.  These documents identified his injury as a "non-battle injury."

9.  The Purple Heart was established by General George Washington at Newburgh, NY, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

10.  Army Regulation 600-8-22 (Military Awards) provides that 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.  

	a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; and injury caused by vehicle or aircraft accident resulting from enemy fire.

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and jump injuries not caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The official DD Form 261 on file shows he suffered a non-battle injury on 18 January 1952 in Korea when the fire he was building exploded and injured his thumb and fingers.  He was subsequently treated for this injury at various locations.  His records of treatment clearly identified his injury as "non-battle."  There is no finding or indication the fire was caused by a booby trap or other agent by the enemy.

3.  Nowhere in his reconstructed records does it show he was wounded or injured as a result of hostile action or treated for such wounds or that his treatment was made a matter of official record.  There is no evidence in his reconstructed records and he did not provide any evidence that shows he was wounded or injured as a result of hostile action or treated for such wounds or his treatment was made a matter of official record or he was awarded the Purple Heart.

4.  In the absence of orders awarding him the Purple Heart or documentary evidence that shows he was wounded or injured as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to award him the Purple Heart.

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)                                         AR20110022949



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ABCMR Record of Proceedings (cont)                                         AR20110022949



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