IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110024075 


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, correction of his records to show award of the Purple Heart.

2.  He states that item 29 (Wounds Received as a Result of Enemy Action) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) lists "none."  However, additional Army records show he received a concussion "on hill 250" in Korea on 17 September 1950.  His records also show that a collapsed lung occurred due to enemy action.

3.  He provides:

* DD Form 214
* Honorable Discharge Certificate
* four Standard Forms (SF) 519 (Radiographic Reports)
* SF 516 (Operation Report)
* Supplemental Record
* Department of Veterans Affairs (VA) Form 8-526 (Veteran's Application for Compensation or Pension)
* photocopy of a document indicating he was awarded the Purple Heart
* Notification of Birth Registration
* WD AGO Form 8-26  


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 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 provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he enlisted in the Regular Army on 2 February 1949.

4.  On 19 August 1952, he was honorably discharged.  He completed 3 years, 6 months, and 18 days of active service with 1 year, 11 months, and 18 days of foreign and/or sea service during this period.  

5.  His DD Form 214 shows he was awarded or authorized the Korean Presidential Unit Citation, Army of Occupation Medal Japan, one overseas service bar, Korean Service Medal with two bronze service stars, United Nations Service Medal, and Combat Infantryman Badge.

6.  Item 29 of his DD Form 214 contains the entry "None."  

7.  His name is not listed on the Korean War Casualty File.

8.  His available records do not contain any evidence that indicates he was ever recommended for or awarded the Purple Heart by proper authority.

9.  He provides a WD AGO Form 8-26, tagged on 17 September 1950, indicating he received a concussion on hill 250 in Korea due to enemy action.  The document indicates there was no treatment given for this injury.
10.  He provides an SF 516, dated 17 October 1950, indicating he had a routine chest x-ray related to spontaneous pneumothorax (collapsed lung).  He provided additional SFs 516 providing information related to this lung condition.

11.  He provides a copy of a type-written document stating that during his service with the 1st U.S. Cavalry Division in Korea, he was awarded the Purple Heart decoration for wounds received in action.  This document states he was wounded on 17 September just north of the city of Taegu while carrying out his assigned duties with his unit, the 8th Regiment of the 1st Cavalry Division.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.  The available records do not contain any evidence that indicates the applicant was ever recommended for or awarded the Purple Heart by proper authority.

2.  He provides a copy of a type-written document stating that during his service in Korea he was awarded the Purple Heart decoration for wounds received in action on 17 September just north of the city of Taegu while carrying out his assigned duties with his unit, the 8th Regiment of the 1st Cavalry Division.  The source of this document is unknown.

3.  A WD AGO Form 8-26 that he provided shows he had a concussion as the result of enemy action.  However, this form shows also he received no medical treatment for this injury.

4.  Documents that he provided indicate he was treated for a lung condition.  However, there is no evidence he incurred this condition as a direct result of hostile action.

5.  His name does not appear on the Korean War Casualty File.

6.  In the absence of evidence that either his concussion or lung condition met the required criteria of being wounded or injured as a result of hostile action and that he was treated for such wounds, there is insufficient evidence upon which to base award of the Purple Heart.  The regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Regrettably, there is insufficient basis for granting the applicant's 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)                                         AR20110024075



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ABCMR Record of Proceedings (cont)                                         AR20110024075



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