IN THE CASE OF: 

		BOARD DATE: 26 July 2012

		DOCKET NUMBER:  AR20120002874 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show award of the Purple Heart and Combat Infantryman Badge (CIB). 

2.  The applicant states he served during the Korean War for 1 year.  He was wounded and should have received the Purple Heart with the CIB.  His military occupational specialty (MOS) was Infantry.  He served in Company E,  
14th Infantry, 25th Infantry Division.  He earned the CIB and was wounded and he feels the government should recognize him with these awards.

3.  The applicant provides copies of:

* transmittal from Veterans Service Agency, Monroe County, New York
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* Army Board of Correction of Military Records letter
* his DD Form 214 
* five pages of his service records 


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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army on 25 May 1953.  He held MOS 1745 (Light Weapons Infantryman).

4.  His records show he was assigned for duty in his MOS, in Korea, to Company E, 14th Infantry from 30 October 1953 to 20 September 1954. 

5.  His DD Form 214 shows he was released from active duty on 29 April 1955.  He had completed 1 year, 11 months, and 5 days of creditable active military service, of which 1 year, 5 months, and 25 days were foreign service.  

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal, Army Good Conduct Medal, United Nations Service Medal, and the National Defense Service Medal.

7.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

8.  His medical records are not available for review with this case and his name is not shown in the Korean Casualty File.

9.  His record contains a Standard Form 88 (Report of Medical Examination) dated 25 April 1955.  Item 73 (Notes (Continued) and Significant or Interval History) shows the comment:  "3. Left Leg Operation Oct. 1954 Tripler S. H. – 
30 days."  There is no notation that this operation was the result of a wound sustained while in action against an enemy or as a result of hostile action.

10.  Army Regulation 600-8-22 (Military Awards) provides that:

	a.  the Purple Heart is awarded for a wound sustained while 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.

	b.  the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and they must have been present with their qualifying infantry unit and participated actively in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart and CIB.  He states he was wounded while serving in the Korean War.  He should have received the Purple Heart Medal and the CIB.  
 
2.  Neither the applicant's available records nor the Korean casualty file provide any evidence that the applicant was wounded, that those wounds were the result of hostile action that required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record.

3.  The available evidence shows the applicant was an infantryman assigned to an infantry unit in the Korean War.  However, there is no available evidence that shows he was awarded the Combat Infantryman Badge or that he was personally engaged in combat with his unit.  

4.  In view of the foregoing, there is no 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 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)                                         AR20110012948



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ABCMR Record of Proceedings (cont)                                         AR20120002874



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