IN THE CASE OF:
BOARD DATE: 10 May 2012
DOCKET NUMBER: AR20110023337
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 he was wounded in Korea by an enemy artillery round. He was hit on the right side of his head and he was bleeding. He did not go to the aid station but received treatment from a medic. He contends that his lieutenant ordered him to stay at their fighting position while the Soldiers who were more seriously wounded were sent to the aid station. Because his lieutenant told him to stay and keep his gun in action, there is no record of him being wounded. The other men received the Purple Heart because of the actions that took place that day but he did not receive the award. Because he was wounded, he feels he should also receive the Purple Heart.
3. The applicant provides a DD Form 214 (Report of Separation from Active Duty), a third-party statement, and a third-party's DD Form 214.
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 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 his records were lost or destroyed in that fire. This case is being considered based on the documentation he provided.
3. His DD Form 214 indicates:
a. he enlisted in the Regular Army on 5 September 1950 and served as an infantryman;
b. he was awarded the Parachutist Badge, Army of Occupation Medal with Japan Clasp, United Nations Service Medal, Korea Service Medal with one bronze service star, and the Combat Infantryman Badge;
c. in item 29 (Wounds Received as a Result of Action with Enemy Forces) is annotated "None"; and
d. he was honorably discharged on 4 September 1953.
4. There is no evidence in the available records showing he sustained injuries as a result of hostile action or that he received treatment for such injuries. His name is not listed on the Korean War Casualty File.
5. He provides a third-party statement in which the author states he was wounded while serving alongside the applicant and confirms the applicant's contention that he was wounded by an incoming round and was bleeding from the right side of his head. The statement also indicates the author was awarded the Purple Heart but the applicant did not.
6. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the available records 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. His name is not listed on the Korean War Casualty File.
2. While the applicant's sincerity is not in doubt, in the absence of corroborating evidence showing he was wounded as a result of hostile action, treated for those wounds and that treatment was made a matter of official record, the third-party statement provided is insufficient evidence on which to base awarding him the Purple Heart at this time.
3. Unfortunately, there is insufficient evidence on which to base granting the requested relief.
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) AR20110023337
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023337
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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