BOARD DATE: 28 June 2012
DOCKET NUMBER: AR20120000825
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 injured his right foot in Korea in 1951:
a. He and his unit were returning to the main line from a forward observation mission.
b. An artillery round landed and blew him in the air and into a crater, injuring his foot.
c. His right foot felt hot as fire and after a while, he was able to walk and rejoin his company. However, the next day his foot was hurting bad and swollen.
d. Medics sent him to a field hospital and from there he was sent to several tent hospitals and ended up in Pusan.
e. His foot stayed swollen so he was reclassified and put on light duty in a rear area unit where he remained until being shipped home.
f. He went to the Veterans Administration (VA) hospital in Detroit, MI and was put on disability and told to stay off his feet as much as possible.
g. His foot has hurt and been swollen almost every day since. Various foot doctors said there is a spur formation on the metatarsal with gout and arthritis and they have prescribed pain medications.
3. The applicant provides:
* self-authored statements
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* 24 pages of medical record extract
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 military and medical 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 the applicant's records were lost or destroyed in that fire. The case is being considered using the DD Form 214 and medical records provided with the application.
3. The applicant's DD Form 214 contains the following pertinent information:
a. Item 15 (Inducted) shows he was inducted into the Army of the United States on 6 October 1950.
b. Item 24 (Total Net Service) shows he completed 1 year, 10 months, and 6 days of active military service.
c. Item 26 (Foreign and/or Sea Service) shows he was credited with 1 year, 4 months, and 9 days of foreign service.
d. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the following:
* Combat Infantryman Badge
* Korean Service Medal with 4 bronze campaign stars [service stars]
* Meritorious Unit Commendation
* United Nations Service Medal
e. Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows "None."
f. He held the rank/grade of corporal/E-4 at the time of separation.
g. He was honorably released from active duty on 11 August 1952.
4. The applicant provides extracts of his medical records which show the cause of his foot condition was unknown.
5. 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. The applicant's request for award of the Purple Heart was carefully considered.
2. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that 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. Notwithstanding his sincerity, in the absence of official documentary evidence to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart 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) AR20120000825
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ABCMR Record of Proceedings (cont) AR20120000825
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