IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120004703
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 was injured in the knee during the Korean War. The medic who treated him did not follow up and he was later killed in action.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 complete 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's DD Form 214 shows he was inducted into the Army of the United States in Columbia, SC, on 6 June 1951. This form further shows he held military occupational specialty 1745 (Light Weapons Infantryman) at the time of his separation and his most significant duty assignment (i.e., last duty assignment) was with the 47th Infantry Division at Camp Rucker, AL.
4. His DD Form 214 further shows he completed 1 year, 9 months, and 1 day of creditable active military service of which 1 year was foreign service. He was honorably released from active duty on 5 March 1953.
5. His DD Form 214 shows he was awarded or authorized the Combat Infantryman Badge, Korean Service Medal with three bronze service stars, United Nations Service Medal, and one overseas service bar.
6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."
7. His reconstructed records do not contain orders awarding him the Purple Heart. Additionally, his medical records are not available for review with this case and his name is not shown in the Korean Casualty File.
8. Army Regulation 600-8-22 (Military Awards) provides that 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; and injury caused by vehicle or aircraft accident resulting from enemy fire.
DISCUSSION AND CONCLUSIONS:
1. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury or wound was the result of hostile action, the injury or wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record.
2. There is no evidence in his reconstructed records and he did not provide any evidence that shows he was wounded or injured as a result of hostile action, treated for such wounds, or that his treatment was made a matter of official record. In the absence of documentary evidence that shows he was wounded or injured as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of 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) AR20120004703
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ABCMR Record of Proceedings (cont) AR20120004703
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