IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120003100
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 fell off his tank and broke his arm during combat. He was knocked unconscious by hitting his head inside his tank. He had blood in his hair which the doctors cleaned up, but they failed to mark his records. This was a severe injury from which he is still suffering with a cerebral aneurism of the brain along with other associated problems. He discovered he did not have the Purple Heart when his wife wanted to make a shadow box of his military awards.
3. The applicant provides copies of:
* his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* two WD AGO Forms 8-24 (Hospital Medical Forms)
* Radiographic Report
* letter from Atlanta Neurology
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 was inducted on 1 December 1950.
3. On 3 September 1952, he was honorably released from active duty as a corporal. He had completed 1 year, 9 months, and 3 days of total active service. His DD Form 214 does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows "none."
4. The 121st Evacuation Hospital Admission and Disposition Reports for 19 and 20 December 1951 show he was admitted in Korea on 18 December due to a non-battle injury (NBI) with a diagnosis of "FS Lt Radius" and evacuated to Japan on 20 December 1951.
5. The applicant submitted with his application:
a. hospital medical forms showing he was treated on 28 December 1950 for a routine cold and on 17 July 1951 for issues with his ears.
b. a radiographic report, dated 1 July 1953, which states: "R. Shoulder: Normal. L. Wrist: Articular surface of the radius is a little irregular and is directed slightly dorsal. These findings are due to well healed old fracture."
c. a letter from Dr Richard D. F____, Atlanta Neurology, dated 28 January 2010, relating that the applicant is under his care for neurological damage to his brain related to previous injuries. The vascular damage is most likely due to a prior head injury established as related to military service.
6. A review of the Korean Casualty File does not show the applicant's name as a casualty.
7. Army Regulation 600-8-22 (Military Awards) states 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 that 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. Award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was sustained while in action against an enemy or as a result of hostile action, the injury/wound must have required treatment by medical personnel, and the treatment must have been made a matter of official record.
2. Although there are medical records indicating he was hospitalized in Korea and evacuated to Japan, there is no evidence of record and he did not provide any evidence that shows he was wounded or injured as a result of hostile action. The Admission and Disposition Reports list "non battle injury."
3. There is also no wound entry on his DD Form 214; he is not listed on the Korean Casualty file.
4. In the absence of evidence of record that shows he was treated for a wound that was the result of enemy action or was sustained while in action against the enemy, there is an 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:
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) AR20110019235
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RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120003100
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