IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120004112
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 for injuries incurred in the Republic of Korea (ROK) in June 1952.
2. The applicant states, in effect, he was injured in an ammunition explosion while assigned to the 363d Ordnance Ammunition Company in the ROK in June 1952. He did not believe he could receive the Purple Heart because of his dishonorable discharge. He cites newly-discovered medical information indicating a diagnosis of post-traumatic stress disorder related to the effects of the explosion; this information was unavailable in 2000. The applicant had not revealed he had been involved in the explosion to his personal physician of over 40 years until 2010. His doctor attributes the applicant's mental health/anxiety issues to the injuries he sustained during the Korean War.
3. The applicant provides copies of:
* physician's letter, dated 3 January 2012
* National Archives and Records Administration (NA) Form 13038 (Certification of Military Service), dated 12 August 1999
* court-martial orders, dated 7 July and 23 August 1954
* clemency denial, dated 6 December 1954
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 for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of his request.
3. The applicant's NA Form 13038 as issued on 18 July 1994 and again in 1999 shows he enlisted in the Regular Army on 20 July 1950 and served until his dishonorable discharge on 17 June 1954.
4. The applicant's name does not appear on the Korean War casualty list as a combat casualty.
5. 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 medical treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Purple Heart for injuries incurred in the ROK in June 1952.
2. Other then the applicant's own recollection, there is no available evidence showing he was injured by an explosion in the ROK during the Korean War. Furthermore, he has not provided any particulars concerning how such explosion occurred or whether it was the direct result of enemy action.
3. Without substantiating documentary evidence showing the applicant was wounded as a result of enemy action and that such injuries required and received medical treatment, his request should be denied.
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) AR20120004112
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ABCMR Record of Proceedings (cont) AR20120004112
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