BOARD DATE: 18 October 2012
DOCKET NUMBER: AR20120008610
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 his wound was not recorded or the document was lost at the Battalion Aid Station. Further, the sergeant who interviewed him did not report the incident.
3. The applicant provides:
* a personal account of his military history
* a notarized witness statement
* his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* National Personnel Records Center (NPRC) Memorandum
* Congressional correspondence
* his Certification of Military Service
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. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members records at the NPRC in 1973. It is believed that the applicants records were lost or destroyed in that fire.
However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. He provided his Certification of Military Service which shows he was a member of the Army of the United States from 23 September 1952 until he was honorably released from active duty on 22 September 1954.
4. His DD Form 214 contains the following relevant information:
* his most significant duty assignment was with Company C, 179th Infantry Regiment - Korea
* he completed 2 years of total active service
5. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry "NONE."
6. There are no documents in the available record confirming he was wounded in action or awarded the Purple Heart while serving on active duty.
7. He provided a detailed account of his active duty service in which he contends he was injured by enemy fire in July 1953 while on a body recovery detail near Christmas Hill in the Republic of Korea. According to the applicant his detail came under mortar fire by the Chinese. When the fire lifted he felt a burning pain in his left hand and saw blood dripping from his hand. A piece of mortar fragment was imbedded in the fleshy portion of his palm. He removed the protruding fragment and stuck it in his pocket for a souvenir. He went to the Aid Station and medics bandaged his hand. However, the Aid Station was so overwhelmed with casualties that they had little time to write reports. He returned to duty. He did tell the story to his sergeant after being asked why his hand was bandaged but the sergeant just left.
8. In addition, he provides a notarized witness statement from a fellow Soldier. The witness stated that he and the applicant saw combat on Heartbreak Ridge and on Outpost Queen situated in front of Christmas Hill. This witness states that they moved to Outpost Queen on 17 July 1953 and remained there until
27 July 1953. During this time they were under one of the worst artillery and mortar barrages of the Korean War and he is fairly certain that the applicant was one of the many wounded who went unreported during this 10 day period.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 applicant requests award of the Purple Heart.
2. Regulatory guidance states in order to support award of the Purple Heart there must be evidence not only that a member was wounded as a result of enemy action, but the wound must have required treatment by military medical personnel, and this treatment must have been made a matter of official record.
3. Item 29 of his DD Form 214 contains the entry None indicating he was not wounded in action during the period of active service covered by the separation document. The witness statement and his personal account of events are insufficient evidence to award the Purple Heart. Further, there are no documents in the available reconstructed record or provided by the applicant showing he was wounded in action. Regrettably, absent sufficient evidence confirming he was wounded in action and/or awarded the Purple Heart by proper authority and treated for that wound, the regulatory burden of proof necessary to support award of the Purple Heart has not been met in this case.
4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
5. In view of the foregoing, 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 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.
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