IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120008034
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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to add award of the Purple Heart.
2. The applicant states he was wounded in action in Korea and he was in the Osaka hospital in Japan.
3. The applicant provides:
* a newspaper article written in Spanish
* DD Form 214
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 the applicant's 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. His DD Form 214 shows he was inducted into the Army of the United States on 9 October 1950. He served as an infantryman in Korea and he was honorably released from active duty on 8 October 1953 for expiration of term of service.
4. 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) of his DD Form 214 shows the entry "None."
5. There are no orders for the Purple Heart in the available records.
6. His name does not appear on the Korean casualty roster.
7. He provided a newspaper article written in Spanish which states he was recuperating from wounds in the hospital in Osaka, Japan.
8. 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was wounded in action in Korea.
2. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. Criteria for award of the Purple Heart require:
* that the wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
3. There is no evidence of record that shows he was wounded or injured as a result of hostile action in Korea.
4. His name does not appear on the Korean casualty roster. In the absence of any official corroborating evidence, the newspaper article provided by the applicant that states he was hospitalized is insufficient by itself as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence to support award of the Purple Heart in this case.
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) AR20120008034
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120008034
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070005608
Further, the letter shows the applicant requested that his file be checked to see if an error was made in the amount of combat pay he was entitled to receive based on being wounded in action in Korea, time spent in the hospital, and for the time prior to being wounded. The letter shows that based on the Combat Duty Pay Act of 1952, combat pay was provided to individuals who were members of military units in Korea that qualified as combat units for six days during a month. The applicant...
ARMY | BCMR | CY2013 | 20130005790
The applicant provides: * A self-authored letter * WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 23 October 1947 * WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 23 October 1947 * WD AGO Form 100 (Separation Qualification Record) for the period ending 23 October 1947 * DD Form 214 * Department of Veterans Affairs (VA) Form 3-3145 (Notice of Assignment of C-Number) * NPRC letter,...
ARMY | BCMR | CY2005 | 20050001483C070206
The applicant requests correction of his records to show award of the Purple Heart. The applicants record contains a Certification of Military Service from the National Personnel Records Center (NPRC), dated 7 July 1998 which confirms the applicant was a member of the Regular Army during the period 13 December 1949 to 28 October 1955. The applicants military personnel file contains no orders, or other documents indicating he was ever wounded in action, or recommended for or awarded the...
ARMY | BCMR | CY2005 | 20050001483C070206
The applicant requests correction of his records to show award of the Purple Heart. The applicant’s record contains a Certification of Military Service from the National Personnel Records Center (NPRC), dated 7 July 1998 which confirms the applicant was a member of the Regular Army during the period 13 December 1949 to 28 October 1955. The applicant’s military personnel file contains no orders, or other documents indicating he was ever wounded in action, or recommended for or awarded the...
ARMY | BCMR | CY2010 | 20100001213
The applicant's WD AGO Form 24A, section 8 (Wounds Received through Enemy Action) contains no entry, and section 21 (Medals, Decorations, and Citations) does not show award of the Purple Heart. The applicant's complete service medical records are not available for review. The evidence of record shows the applicant was hospitalized on 5 August 1950, approximately 2 weeks after the action in which he states he was injured.
ARMY | BCMR | CY2007 | 20070013827
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he was born on 12 May 1925; that he was single; and that he was awarded the Purple Heart for wounds received in the Republic of Korea. On 15 July 1951, the applicant was assigned for duty as a firefighter with the 8014th Army Unit. Therefore, his records should be corrected to show this award.
ARMY | BCMR | CY2008 | 20080010990
The evidence shows the applicant was assigned to the 38th Infantry Regiment when he was wounded the second time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Purple Heart with First Oak Leaf Cluster for wounds received on 27 November 1950 in the Republic of Korea and the Combat Infantryman Badge. The Board further recommends that the individuals DD Form 214 be corrected by: a. amending Item...
ARMY | BCMR | CY2011 | 20110009887
The applicants 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. In the absence of any official corroborating evidence, the newspaper article provided by the applicant that states he was wounded in Korea is insufficient by itself as a basis for award of the Purple Heart.
ARMY | BCMR | CY2011 | 20110020846
He wants to thank the Army Board for Correction of Military Records (ABCMR) for awarding him the Purple Heart and addition of the award to his DD Form 214 (Report of Separation from the Armed Forces of the United States). On 3 May 2011, the Board recommended awarding the applicant the Purple Heart for wounds received in action on 18 September 1950. The available evidence to include the documents the applicant provided are insufficient to show he was wounded or injured as a result of...
ARMY | BCMR | CY2011 | 20110014710
The applicant requests correction of his DD Form 214 to show the Purple Heart. In the absence of orders or other corroborating evidence, the newspaper articles provided by the applicant alone are not sufficient as a basis for adding the Purple Heart to his DD Form 214. Evidence shows he was a POW in Korea; therefore, his DD Form 214 should be corrected to show the POW Medal.