IN THE CASE OF:	  

		BOARD DATE:	  25 April 2013

		DOCKET NUMBER:  AR20120017436 


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, through a Member of Congress, 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 a scar he received in Korea.

2.  The applicant states he was fixing wire lines in Korea when a blast caused him to be thrown from his jeep.  He received a bloody cut which was treated by the company medic and resulted in a scar on his knee.   

3.  The applicant provides:

* a self-authored statement
* 2 Standard Forms (SF) 88 (Report of Medical Examination)

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's DD Form 214 shows he was inducted into the Army of the United States on 5 May 1952.  This form also shows he held an artillery specialty at the time of his separation.   

4.  His DD Form 214 further shows he completed 1 year and 9 months of creditable active military service, of which 10 months and 11 days was foreign service.  He was honorably released from active duty on 4 February 1954.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with two bronze service stars, United Nations Service Medal, Combat Infantryman Badge, and the National Defense Service Medal. 

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None."

7.  His reconstructed records do not contain orders awarding him the Purple Heart and his name is not shown on the Korean Casualty File.

8.  The applicant provides a pre-induction SF 88 which shows the applicant entered military service without any indentifying body marks, scars, or tattoos.

9.  The applicant also provides a separation SF 88 which shows he was separated from service with a scar on his right knee.  This form does not indicate how the scar was incurred.

10.   Army Regulation 600-8-22 (Military Awards) provides that 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's contention that he is entitled to award of the Purple Heart due to a scar he received while in the Republic of Korea was carefully considered and it was determined there is insufficient evidence to support this contention.  

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria.  Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.

3.  The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant.  

4.  In this case, item 29 of the applicant’s DD Form 214 contains the entry "None" indicating he was not wounded in action.  In addition, his name is not included on the Korean Casualty Listing, the official Department of the Army list of Korean battle casualties.  

5.  Notwithstanding the applicant's sincerity, the self-authored statement he provided which indicated he was injured when a blast caused him to be thrown from his jeep and the applicant's SF 88 are not sufficient evidence to show he sustained an injury as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action.  

6.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  He and all Americans should be justifiably proud of his service in arms.












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)                                         AR20120017436





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ABCMR Record of Proceedings (cont)                                         AR20120017436



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