IN THE CASE OF:	

		BOARD DATE:	    28 August 2012

		DOCKET NUMBER:  AR20120005645 


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 being wounded during the Korean Conflict on 11 December 1951.  In a second application, his son requests his father be awarded the Purple Heart for wounds received during the Korean War in 1954.

2.  The applicant states his wound was suffered during armed conflict in Korea and meets the criteria for the Purple Heart.  His son states his father has been waiting for 57 years to get the Purple Heart that he deserves.

3.  The applicant provides his Department of Veterans Affairs (VA) Rating Decision, dated 17 June 2008.  His son provides a State of Oklahoma Letter of General Guardianship appointing him as the General Guardian of his father’s person and estate, effective 25 June 2012.

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 enlisted in the Regular Army on 12 September 1950 for a period of 3 years.  He voluntarily extended his term of enlistment on
30 September 1952 for a period of 1 year.  On 11 October 1954, he was honorably discharged after completing 4 years and 2 days of total active service.

3.  Section 14 (Service Outside Continental United States) of his WD AGO Form 24A (Service Record) shows he served in Korea from 17 July 1951 to 19 April 1952.  His record is void of any evidence that shows he was deployed overseas in 1954.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show award of the Purple Heart.  Additionally, item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry "NA" (not applicable).

5.  The available evidence does not show the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.  His military service records do not contain any orders awarding him the Purple Heart.  Additionally, his name is not listed on the Korean casualty listing.

6.  He provided a copy of his VA rating decision document that shows he was granted a 0% disability rating for service-connection for residuals, bullet wound, right foot, muscle group X.  The decision document stated the service treatment records for the Army from 12 September 1950 to 11 October 1954 (during his period of service) and from 1 January 1964 to 31 December 1964 (well after his active service) show the applicant had a gunshot wound on 11 December 1951 that penetrated the sole of the right foot.  No nerve or artery was involved.  It further stated the applicant was accidently struck by a bullet from another Soldier's gun while stationed at Chunchon, Korea.  It was not the result of combat.  There was debridement and suture of the wound.  An X-ray showed no fracture, but did show a small piece of metal.

7.  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 that the wound was the result of hostile 

action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22, under current guidance, provides for award of the Purple Heart to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and neither the applicant nor his son provided any evidence that shows he was wounded or treated for wounds as a result of hostile action while serving during the Korean War.  Additionally, there is no evidence that shows the applicant served in a foreign area at anytime in 1954.  The VA rating decision document indicates his wounding was accidental and not combat-related, which does not meet the criteria for award of the Purple Heart.

2.  Regrettably, in the absence of evidence verifying that his wounding was sustained as a result of hostile action, there is an insufficient evidentiary basis for granting the applicant's or his son's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War and our Nation are 

deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20120005645



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ABCMR Record of Proceedings (cont)                                         AR20120005645



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