IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120008515
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 suffered an injury to his right hand while performing fire missions in Korea. During enemy activity his right hand was injured when a
.50 caliber machine gun traversed around and caught his finger causing the loss of a portion of his finger. He was sent to receive medical attention aboard a U.S. Navy vessel. He does not remember the name of the ship as the incident occurred more than 50 years ago. He received two bronze service stars while deployed in Korea and knows this incident to be true and as accurate as he can recall.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 9 October 1952.
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. He was inducted into the Army of the United States on 8 January 1951. He completed basic combat and advanced individual training and was awarded military occupational specialty 1844 (Field Artillery Chief).
3. He served in Korea from 21 August 1951 to 12 July 1952.
4. On 9 October 1952, he was released from active duty. He had completed
1 year, 9 months, and 2 days of active service that was characterized as honorable. His DD Form 214 shows he is authorized the Korean Service Medal with two bronze service stars. However, it does not show he was awarded the Purple Heart.
5. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry "NA."
6. Section 8 (Wounds Received Through Enemy Action) of his DD Form 230 (Service Record) does not contain any entries showing he was wounded or injured as a result of enemy action.
7. His service medical records were not available for review.
8. There are no orders in the available military service records awarding him the Purple Heart.
9. His name does not appear on the National Archives Korean War Casualty File.
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The veracity of his recollections is not questioned. However, there is no official documentation to corroborate his statement. In addition, the injury he describes appears to be caused by an accident that occurred during combat operations, not by hostile action.
2. In the absence of military records which show that the applicant was wounded or injured or treated for wounds or injuries resulting from hostile action, there is insufficient evidence upon which to base 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:
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 concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. 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) AR20120008515
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ABCMR Record of Proceedings (cont) AR20120008515
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