IN THE CASE OF:	  

		BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20110023896 


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 that despite being treated at a field hospital for trauma and bleeding from his ears after exposure to a Chinese mortar attack, no citation for the Purple Heart was entered in his discharge document.

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 was inducted into the Army of the United States on 21 December 1943.  He was discharged on 28 October 1945 for the purpose of immediate enlistment in the Regular Army.  He enlisted in the Regular Army on 29 October 1945 and served through multiple reenlistments as a combat engineer in a variety of stateside and overseas assignments.  He attained the rank/grade of master sergeant (MSG)/E-8.  He ultimately retired on 31 December 1965 in the rank/grade of MSG/E-8.

3.  He completed the following periods of foreign service:

* Far East Command – July 1944 to January 1946
* Alaska – March 1948 to May 1952
* Korea – October 1952 to November 1953
* Alaska – February 1955 to September 1956
* Korea – 14 June 1962 to 26 June 1963

4.  He was issued multiple separation documents throughout his career, including the following WD AGO Forms 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) and/or DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge):

* WD AGO Form 53-55 for the period 21 December 1943-28 October 1945 that shows –

* he arrived in New Guinea on 3 August 1944
* he was awarded the Marksmanship Qualification Badge with Rifle Bar, Asiatic-Pacific Campaign Medal, and Philippine Liberation Ribbon with one bronze service star
* he was not wounded in action

* WD AGO Form 53-55 for the period 29 October 1945-6 December 1946 that shows –

* he enlisted in the Asiatic-Pacific theater (APT) on 29 October 1945
* he departed the APT on 17 December 1945, but served there again from 25 May-14 November 1946
* he was awarded the Asiatic-Pacific Campaign Medal, World War II Victory Medal, and Philippine Independence Ribbon
* he was not wounded in action

* WD AGO Form 53-55 for the period 6 December 1946-8 January 1948 that shows no foreign service, awards, or combat wound

* 
DD Form 214 for the period 21 March 1952-20 March 1957 that shows –

* he completed 2 years and 9 months of foreign service during this period
* he was awarded the Korean Service Medal with three bronze service stars, United Nations Service Medal, Bronze Star Medal with 1st Oak Leaf Cluster and "V" Device, National Defense Service Medal, and Army Good Conduct Medal
* he received no wounds as a result of action with enemy forces

* DD Form 214 for the period 6 May 1957-5 May 1961 that shows –

* he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar and Army Good Conduct Medal (4th Award)
* he received no wounds as a result of action with enemy forces

* DD Form 214 for the period 6 May 1961-5 May 1964 that shows –

* he completed 1 year and 15 days of foreign service under 8th U.S. Army during this period
* he was awarded the Army Good Conduct Medal (4th and 5th Award)
* he received no wounds as a result of action with enemy forces

* DD Form 214 for the period 6 May 1964-31 December 1965 (final/retirement) that shows –

* he was awarded the Army Commendation Medal
* he received no wounds as a result of action with enemy forces

5.  He was also issued multiple WD AGO Forms 24 (Service Record), WD AGO Forms 20 (Soldier's Qualification Record), DA Forms 24 (Service Records), and DA Forms 20 (Enlisted Qualification Record) contemporaneous to each period of service as follows:

* WD AGO Form 20 for the period 25 May 1946-8 January 1948 that shows his service in the Pacific in item 28 (Remarks), but no entry regarding a combat injury
* WD AGO Form 20 for the period 11 January 1948-8 August 1951 that shows his service in various locations, but no entry regarding a combat injury
* WD AGO Form 24 for the period January 1948-May 1951 that shows no entry in section 8 (Wounds Received Through Enemy Action)
* DA Form 24 for the period 21 March 1952-20 March 1957 that shows his campaigns in Korea as well as various awards, but no entry in section 8 and no Purple Heart in section 9 (Medals, Decorations, and Citations)
* DA Form 20 for the period 16 April 1952-14 September 1956 that shows his service in Korea and qualification in arms, but no injuries are noted
* DA Form 20 for the period 6 May 1957-31 December 1965 that shows no entry in item 40 (Wounds) and no Purple Heart in item 41 (Awards and Decorations)

6.  His records contain multiple Standard Forms 88 (Report of Medical Examination) and Standard Forms 89 (Report of Medical History).  These forms address medical issues related to his toe and knee, but none show a combat wound or injury or treatment for a combat wound or injury.

7.  His records contain General Orders Number 468, dated 7 August 1953, and General Orders Number 528, dated 25 August 1953, each awarding him the Bronze Star Medal with "V" Device.  No citations are available.

8.  His records contain a letter to the Adjutant General of the Army, dated 16 February 1965, wherein he requested award of the Purple Heart based on a mortar round that exploded near a trench.  He claimed the concussion from the round knocked him down and he suffered a ringing and aching sensation in his ears.  He stated the platoon medic administered first aid and filled out an emergency medical tag.  He reported to sick bay the following morning at Headquarters, 13th Engineer Battalion, and the doctor provided him with medication as well as a chemical heating pad.  He refused the Purple Heart at the time because he did not want to alarm his parents who were in poor health.

9.  His records contain a letter from the Adjutant General of the Army, dated 3 August 1965, who states a careful screening of his official file failed to disclose any record of the injuries he specified and administration of medical services.  As such, he was not eligible for award of the Purple Heart.  He was encouraged to obtain at least two witness statements of the injury.

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 as follows:  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; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:  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/or jump injuries not caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably from 1943 to 1965 with several periods of foreign service, including service in the Pacific during World War II and during the Korean War.

2.  The criteria for an 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 medical personnel, and the medical treatment must have been made a matter of official record.

3.  There is no evidence in his official records that shows he was wounded or injured as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding him the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20110023896



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ABCMR Record of Proceedings (cont)                                         AR20110023896



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