BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120013199


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 show award of the Purple Heart for wounds he received in the Korean War.

2.  The applicant states:

* he was wounded in action during a fire mission against the North Koreans in January-March 1953
* he was wounded when a 155-millimeter artillery gun recoiled and the concussion gave him a laceration from his scalp to his nose
* he was a patient at the 121st Evacuation Hospital for 1 month
* he was awarded the Purple Heart while he was a patient at the 121st Evacuation Hospital, but it is not shown on his DD Form 214

3.  The applicant provides no additional evidence.

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his 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.  On 29 October 1951, the applicant was inducted into the Army of the United States.  He completed initial entry training and was awarded military occupational specialty 1844 (Field Artillery Cannoneer).  The highest rank/grade he attained during his period of active military service was corporal/E-4.

4.  His DD Form 230 (Service Record) shows the following:

	a.  Section 4 (Service Outside Continental United States) indicates he served in the Republic of Korea from on or about 22 September 1952 to on or about 9 September 1953.  During this period he was assigned to Battery B, 75th Field Artillery Battalion.

	b.  Section 8 (Wounds Received Through Enemy Action) is void of any entries, indicating he was not wounded by enemy action during his service in the Republic of Korea.

	c.  Section 9 (Medals, Decorations, and Citations) indicates he was awarded or authorized the National Defense Service Medal, Korean Service Medal with three bronze service stars, and United Nations Service Medal for his service in the Republic of Korea.

5.  On 29 September 1953, he was honorably released from active duty after completing 1 year, 11 months, and 1 day of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Korean Service Medal with three bronze service stars
* United Nations Service Medal

6.  His separation physical contains entries that indicate he was treated for a head injury at the 121st Evacuation Hospital during his service in the Republic of Korea; however, these documents do not indicate the origin of his injuries – whether they were caused by accident or through enemy action.

7.  His available record does not contain orders for the Purple Heart and is void of documentation that shows he was wounded in action during his service in the Republic of Korea.  His name does not appear on the Korean casualty roster.

8.  The applicant cited Special Orders Number 204, dated 23 July 1953, as evidence in support of his request.  However, these special orders did not accompany his request for consideration.

9.  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 his DD Form 214 should be corrected to show award of the Purple Heart for wounds he received in the Korean War.

2.  There is no evidence in the applicant's record and he has not provided any evidence that shows he was awarded the Purple Heart or that 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

3.  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.  Notwithstanding his sincerity, there is no basis for granting his request for correction of his DD Form 214 to show 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 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)                                         AR20100015378



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ABCMR Record of Proceedings (cont)                                         AR20120013199



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