BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20120001130
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 sustained injuries on 14 February 1953 during the Korean War defending the Jamestown Line in North Korea. His body was impacted in a series of grenade and artillery explosions, some of which threw him 10 feet into the air and he landed on his left side. This service resulted in him having five operations, depression, skin cancer, Barrett's disease, post-traumatic stress disorder, hearing deficit, and frostbite. His doctors have told him that all his surgical events are related to the injuries he sustained on his left side.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) and DD Form 215 (Correction to 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 military record is 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 the applicant's records were lost or destroyed in that fire. However, the applicant provided his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 28 November 1951 and he entered active duty on that date in Newark, NJ. His military occupational specialty is not shown on his DD Form 214 but it does show he was awarded the Combat Infantryman Badge. His most significant duty assignment was with the 32nd Infantry Regiment, Korea.
4. He was honorably released from active duty on 14 November 1953 and transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 3 days of creditable active service of which 11 months and 17 days was foreign service. The specific dates of his service in Korea are not shown.
5. His DD Form 214 does not show award of the Purple Heart.
6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."
7. His name is not shown in the Korean casualty file.
8. 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 criteria for the Purple Heart requires the submission of substantiating evidence to verify a Soldier received a wound/injury as a result of hostile action, the wound/injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. There is no evidence in the applicant's available records and he has not provided any evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record. Notwithstanding his sincerity, there is no basis for granting his request for award of the Purple Heart in the absence of documentary evidence.
3. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20120001130
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ABCMR Record of Proceedings (cont) AR20120001130
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