IN THE CASE OF:
BOARD DATE: 18 December 2012
DOCKET NUMBER: AR20120010581
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, through his Member of Congress, award of the Purple Heart for wounds he received in the Korean War.
2. The applicant states:
* he was wounded from an artillery shell attack and burned from white phosphorus from the artillery shell over several parts of his body
* shrapnel hit his lips and both arms, from his wrists to his upper forearms
* pieces of shrapnel are still lodged in his rib cage today
* he spent 8 days in a field hospital following this attack in active combat
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States), for the period ending 4 May 1954, and his WD AGO Form 53 (Honorable Discharge), for the period ending 2 October 1948.
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 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 his 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. The applicant enlisted in the Regular Army on 9 October 1946. He served on active duty for 1 year, 11 months, and 8 days, and on 2 October 1948 he was honorably discharged from the Army.
4. On 28 May 1951, he again enlisted in the Regular Army.
5. On 4 May 1954, he was honorably discharged from the Army. His DD Form 214 shows he was credited with 2 years, 10 months, and 27 days of net active service during this period of enlistment, including 10 months and 19 days of foreign service, and 1 year, 11 months, and 8 days of prior active service.
6. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Korean Service Medal with one bronze service star
* United Nations Service Medal
* Army Good Conduct Medal
7. His available record does not contain orders for the Purple Heart.
8. The Purple Heart was established by General George Washington in Newburgh, NY, on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Purple Heart for injuries he received in the Korean War.
2. The criteria for the Purple Heart requires the submission of substantiating evidence to verify a Soldier received a wound/injury as the result of hostile action, the wound/injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
3. There is no evidence in the applicant's reconstructed record, and he has not provided any evidence, that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record. Notwithstanding his sincerity, there is no basis for granting his request for award of the Purple Heart in the absence of documentary evidence.
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.
ABCMR Record of Proceedings (cont) AR20080016060
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ABCMR Record of Proceedings (cont) AR20120010581
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