IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120009754
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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show two awards of the Purple Heart and a Bronze Star Medal (BSM).
2. The applicant states that he was awarded two awards of the Purple Heart and a BSM after August 1950 and before May 1952. He goes on to state that he was close to the Chosin Reservoir when he was wounded the first time. The second time he was wounded he was close to hill 1062. He also states that he was awarded the BSM for his service at the Chosin Reservoir.
3. The applicant provides a copy of his 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 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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant and those contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army on 25 November 1950.
4. He served 1 year and 28 days of foreign and/or sea service and was promoted to the rank of sergeant on 22 November 1951.
5. On 25 August 1952, he was honorably released from active duty (REFRAD) and was transferred to the Enlisted Reserve Corps (now known as the U.S. Army Reserve) to complete his military service obligation. He had served 1 year, 9 months and 1 day of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the United Nations Service Medal, Combat Infantryman Badge, and the Korean Service Medal with one bronze service star. His DD Form 214 also shows in block 29 (Wounds Received as a Result of Action with Enemy Forces) the entry None.
6. A review of the available records failed to show any orders awarding him the Purple Heart or BSM and there is no evidence of his being wounded as a result of enemy action. Additionally, his name is not contained on the Korean War Casualty Listing.
7. 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.
8. Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was awarded two Purple Hearts and a BSM is not in doubt, there simply is no evidence to support his contention.
2. Awards of the Purple Heart and the BSM require orders to be issued and the applicant has failed to show through the evidence submitted with his application and the evidence of record that such was the case.
3. Therefore, without sufficient evidence to show that he was wounded as a result of enemy action or that orders were published awarding him the Purple Heart and BSM, there appears to be no basis to grant the 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 concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War. 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) AR20120009754
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ABCMR Record of Proceedings (cont) AR20120009754
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